Imposes a mandatory minimum sentence for a second offense of purchasing commercial sexual activity. (8/1/26) (RE SEE FISC NOTE GF RV)

Senate Bill 199 amends Louisiana Revised Statutes 14:82.2(C)(2) and 83(B)(1)(b) to impose mandatory minimum prison sentences for prostitution-related offenses. For a second conviction of purchasing commercial sexual activity, the bill eliminates discretionary sentencing and instead requires imprisonment for not less than six months nor more than two years, with the entire mandatory minimum of six months to be served without benefit of probation, parole, or suspension of sentence, though courts retain discretion to impose up to two years. Simultaneously, the bill may impose fines between one thousand five hundred and two thousand dollars. For second and subsequent convictions of soliciting for prostitutes, the bill similarly mandates imprisonment for not less than six months nor more than one year without benefit of probation, parole, or suspension of sentence, with the same fine range of one thousand five hundred to two thousand dollars. The statutory language indicates that one-half of all fines collected under both provisions shall be distributed in accordance with R.S. 15:539.4.

The practical effect of this legislation is to eliminate judicial discretion at sentencing for repeat offenders in prostitution cases, requiring judges to impose at least six months of incarceration regardless of individual circumstances. Individuals convicted a second time of purchasing commercial sexual activity face a mandatory six-month prison term that cannot be suspended or subject to early release through probation or parole, though they remain subject to fines and potentially longer sentences up to the maximum two-year term. Similarly, those convicted of soliciting for prostitutes a second or subsequent time must serve a minimum six-month term under the same restrictions on early release, with a maximum sentence of one year. This change directly affects persons charged with these prostitution offenses and potentially impacts correctional facilities and the Louisiana parole and probation system by removing a class of offenders from eligibility for early release mechanisms.

Senate Bill 199 operates within the existing statutory framework governing prostitution offenses under Louisiana law as codified in R.S. 14:82.2 and 83. The bill modifies only the sentencing provisions for repeat offenders while leaving intact the underlying definitions of the offenses, elements of proof, and other collateral consequences. The mandatory minimum sentence structure imposed by this bill falls within the constitutional authority of the Louisiana Legislature to establish criminal punishments, though such statutes are subject to Eighth Amendment proportionality review in federal court and to any applicable state constitutional protections against cruel and unusual punishment. The sentencing floor established by the bill applies statewide across all district courts in Louisiana and becomes effective August 1, 2026, meaning any convictions obtained on or after that date will be subject to the new mandatory minimum provisions.