Sex

Elizabeth Nolan Brown | 12.4.2024 11:40 AM

North Carolina has made it a felony crime to patronize a sex worker. Under a law that took effect December 1, "any person who solicits another for the purpose of prostitution is guilty of a Class I felony for a first offense"—a crime that comes with a minimum of four months in prison, up to two years. Second and subsequent offenses are now Class H felonies, punishable by up to 39 months in prison.

"In the past, many first offenses under either classification have received house arrest or probation in lieu of prison time. Prior to this revision, the maximum penalty for purchasing sex from a consenting adult was a misdemeanor," according to Yes Weekly.

Soliciting sex—like selling sex—has typically been categorized by states across the country as a misdemeanor. But in recent years, we've seen a disturbing trend of states starting to classify attempts to pay for sexual activity as a felony.

It's a trend that's bad for not only sex buyers but also, and perhaps especially, for sex workers. And it mirrors the misguided and detrimental path we saw people take with the war on drugs.

Three states now make it a felony crime to pay for sex or attempt to pay for sex, even on a first offense and in situations where the person being paid is a consenting adult or a cop posting as a consenting adult. (Many states make it a felony to pay or attempt to pay a minor for sex, but that is not what we're talking about today.)

Felony crimes not only tend to come with more harsh prison sentence but other conditions, such as loss of voting rights for some period of time, restrictions on the kinds of jobs one can hold, and restrictions on one's right to own firearms.

"In 2021, Texas became the first state to make buying sex a felony, when Governor Greg Abbott signed a law increasing the maximum penalty to two years in prison for a first offense," notes Yes Weekly. "State Representative Senfronia Thompson (D–Houston), the author of the bill, said 'We know the demand is the driving force behind human sex trafficking. If we can curb or stamp out the demand end of it, then we can save the lives of numerous persons.'"

Last May, Oklahoma made "engaging in prostitution or soliciting, inducing, enticing, or procuring another to commit an act of prostitution" felony crimes.

The National Center on Sexual Exploitation (NCOSE)—the conservative group formerly known as Morality in Media that has spent the past decade trying to rebrand itself as a feminist organization—is a major driver of these laws and, more generally, the idea that we can "end demand" for prostitution.

NCOSE tends to focus on salacious stories of people violently forced into prostitution and portray all sex buyers as people complicit in committing........

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