HB 409 DE
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROSTITUTION.
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Summary
This act amends Delaware's prostitution laws by adding new criminal provisions targeting illicit massage establishments that facilitate prostitution. The law defines "illicit massage establishment" as any establishment offering massage or bodywork services that actually facilitates prostitution. Operating, conducting, advertising, managing, supervising, or controlling an illicit massage establishment is now classified as promoting prostitution in the second degree. The act expands the available criminal charges for persons involved in illicit massage operations, enabling law enforcement to more effectively prosecute and deter the reopening of establishments engaged in prostitution. The legislation also makes technical corrections to conform existing law to legislative standards.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
This adds knowingly “operating”, “conducting”, or “advertising” prostitution businesses as acts that constitute promoting prostitution in the second degree under under § 1352 of Title 11. This Act also defines “illicit massage establishment” and clarifies that a person may be guilty of promoting prostitution in the second degree under § 1352 of Title 11 for managing, supervising, and controlling an illicit massage establishment. Likewise, under this Act, a person may be guilty of promoting prostitution in the second degree for operating, conducting, or advertising an illicit massage establishment. This Act defines “illicit massage establishment” as an establishment that facilitates prostitution using the cover of either of the following: (1) A massage establishment, as defined in § 5302 of Title 24. (2) A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered. This Act’s definition is based on those used by national and state human trafficking prevention organizations. Law enforcement has noted a trend where an illicit massage establishment is shut down only to be reopened again by the same operators. By ensuring it is clear that promoting prostitution in the second degree is an available offense to charge, this Act intends to dissuade the operation and reopening of illicit massage establishments. This Act updates internal references elsewhere in the Code to account for the addition of subsections in § 1352 to remove the undesignated paragraph. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsors (3)
- Kimberly Williams Democratic · primary
- Nicole Poore Democratic · primary
- Cyndie Romer Democratic · primary
Action history (6)
- May 7, 2026 Introduced and Assigned to Judiciary Committee in House · lower
- May 20, 2026 Reported Out of Committee (Judiciary) in House with 2 Favorable, 4 On Its Merits · lower
- Jun 9, 2026 Passed By House. Votes: 35 YES 1 NO 5 ABSENT · lower
- Jun 9, 2026 Assigned to Judiciary Committee in Senate · upper
- Jun 24, 2026 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
- Jun 30, 2026 Passed By Senate. Votes: 20 YES 1 ABSENT · upper
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