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Report Submitted Pursuant to Chapter 121, Laws of 2013, December 1, 2023

Summary

This December 1, 2023 report to the Legislature from the Community Services Division of the Department of Commerce, submitted pursuant to Chapter 121, Laws of 2013, covers criminal penalty fees related to sexual exploitation crimes for state fiscal year 2023. It states that Washington courts assessed $109,885.85 in applicable fees and collected $103,515.54. Only 25% of the courts (16) that handed down convictions for sexual exploitation crimes (64) assessed any fees. Excluding King County, Washington courts assessed only 8% of the total amount of penalty fees possible, while courts in King County assessed and collected 93% and 79%, respectively.

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“Report Submitted Pursuant to Chapter 121, Laws of 2013, December 1, 2023.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-commercereports-csd-2023-criminal-penalty-fees-related-to-sexual-507b9027a0/, SHA-256 17f00845b4bac71d72f7e1f578f106ab5c48cd49099366d5f69e9f188220db57.

Full text

Report submitted pursuant to Chapter 121, Laws of 2013




                                             December 1, 2023
       COMMUNITY SERVICES
       DIVISION                              Report to the Legislature

                                             Director Mike Fong
v3.4
 Acknowledgments
 Washington State Department of Commerce
 Alice Zillah, Managing Director, Research and
 Development Services Unit

 James Vogl, Research Analyst, Research Services
 Section

 Rick Torrance, Managing Director, Office of Crime
 Victims Advocacy

 1011 Plum St. SE
 P.O. Box 42525
 Olympia, WA 98504-2525

 www.commerce.wa.gov

 For people with disabilities, this report is available on
 request in other formats. To submit a request, please
 call 360-725-4000 (TTY 360-586-0772)




      CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES   2
2.0
Table of Contents
Executive Summary ..................................................................................................................................... 4

Introduction ................................................................................................................................................. 6

Fee assessments and crime rates ................................................................................................................ 8

How jurisdictions reported spending the funds ........................................................................................... 16

Appendix A: Distribution of criminal penalty fees........................................................................................ 18

Appendix B: Courts with convictions for applicable charges ....................................................................... 19

Appendix C: King County's approach .......................................................................................................... 23




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                               3
Executive Summary
Overview
In 2013, the Washington State Legislature passed Chapter 121, Laws of 2013 (ESHB 1291), which assessed
additional fees on the crime of commercial sexual abuse of a minor (CSAM) and other sexual exploitation
crimes. The fees, ordered on persons convicted of crimes, are in addition to other criminal penalties, including
statutory fines and jail time. Local jurisdictions retain most of the fee revenue to fund preventative efforts,
services for victims, and law enforcement activities to reduce the commercial sale of sex. Judges may reduce
some fees by up to two-thirds if the judge finds, on the record, that an offender cannot pay. Courts may not
entirely waive any of the fees. Chapter 121, Laws of 2013, directs the Washington State Department of
Commerce (Commerce) to:

    "…prepare and submit an annual report to the legislature on the amount of revenue collected by local jurisdictions
    under RCW 9.68A.105, 9A.88.120, or 9A.88.140 and the expenditure of that revenue [codified under RCW
    43.280.100]."

The three statutes listed above assess fees on convictions related to prostitution and the commercial sexual
exploitation of children. We discuss the specifics of these fees in more detail in Table 1: Statutes Modified by
Chapter 121, Laws of 2013.

This report, for state fiscal year 2023, is the 10th annual report prepared on the fee revenue and expenditures
related to this set of crimes. The Introduction includes the complete statutory report requirements.

Key findings for fiscal year 2023
As in recent years, it does not appear that courts are ordering persons convicted of crimes to pay the amounts
that statutes require for their crimes. It is beyond the scope of this report to investigate why many courts are
not imposing these fees. Further research and judicial outreach could better explain why courts do not
consistently assess the fees.

      Washington courts assessed $109,885.85 in applicable fees and collected $103,515.54 in such fee
      payments.

      There were 127 more arrests for sexual exploitation crimes than the previous year, representing a 20%
      increase, and 52 more convictions for such crimes compared to state fiscal year 2022, a 31% increase.
      At the offense level, there was a 52% increase in convictions for indecent exposure, a 20% increase in
      convictions for commercial sexual abuse of a minor, and a 13% increase in convictions for promoting
      prostitution in the second degree.

      Only 25% of the courts (16) that handed down convictions for sexual exploitation crimes (64) assessed
      any fees concerning those convictions.

      Washington courts assessed 56% of the total amount of penalty fees possible for convictions of sexual
      exploitation crimes. Excluding King County, Washington courts assessed only 8% of the total amount of
      penalty fees possible for convictions of sexual exploitation crimes.

      Courts in King County again assessed and collected most of the fees – 93% and 79%, respectively.


 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                             4
   Due to pandemic-related delays in court proceedings in the past year, some individuals arrested in the
   2023 fiscal year likely have not yet begun court proceedings, which may skew the analysis.




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                 5
Introduction
Background on revenue collection
The three statutes listed under RCW 43.280.100 (RCW 9.68A.105, 9A.88.120, or 9A.88.140) assess fees on
convictions related to prostitution and the commercial sexual exploitation of children. The fees are in addition
to other penalties, including statutory fines and jail time. Courts assess the fees on persons convicted of
crimes who have entered into a statutory or non-statutory diversion agreement1 because of arrests for one of
the applicable crimes. Table 1 lists the statutes, the additional penalty, and the crimes to which the penalty
applies.

Statutes 9.68A.105, 9A.88.120, and 9A.88.140 describe how jurisdictions must use the revenue from the fees
collected:

       Cities and counties must spend at least 50%, and up to 98%, of the revenue on prevention and
       rehabilitation services for victims. Prevention includes education programs for persons convicted of
       crimes, such as accountability programs,2 which provide curriculum on the sexual exploitation of people,
       legal ramifications, and confronting and healing from sexual addiction. Rehabilitative services for victims
       include mental health and substance abuse counseling, parenting skills, housing relief, education,
       vocational training, drop-in centers, and employment counseling.

       Jurisdictions may use between 0% and 48% for local efforts to reduce the commercial sale of sex,
       including, but not limited to, increasing enforcement of commercial sex laws.

       Quarterly, jurisdictions must remit 2% of the revenue to Commerce, with a report detailing the fees
       assessed, the revenue received, and how it was spent.

Judges may reduce some of the fees if the court finds, on the record, that the offender cannot pay the fee. In
those cases, judges may only reduce the fee by up to two-thirds.

Courts may not reduce the fees attached to vehicle impoundment. Impounding agencies collect these fees if a
law enforcement officer impounds a vehicle used in the commission of a commercial sexual abuse of a minor
(CSAM) crime or prostitution-related crime or if other conditions are met. The owner must pay the fee before
redeeming the vehicle. Subsequently, if the defendant is found not guilty of the crime, the defendant is entitled
to a refund of the fee.

It is important to note that an arrest in one year can lead to a case requiring more than a year to prosecute and
resolve. This can result in the total fees a court could collect in a fiscal year exceeding the maximum possible
fees.




1 RCW 9A.88.120 defines statutory or non-statutory agreement as an agreement under RCW 13.40.080 or any written agreement

between a person accused of an offense and a court, county, or city prosecutor, whereby the person agrees to fulfill certain conditions
in lieu of prosecution.
2 Programs like this are sometimes called "john schools”, but this term is not survivor informed, as not all buyers are men. Some

accountability programs may still have titles including "johns" or "men", but it is important to note that not all buyers are men, just as not
all victims of sexual exploitation are women.

 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                              6
Table 1: Statutes modified by Chapter 121, Laws of 2013
                                                          Crimes to which penalty        Amount by which penalty can
Statute                 Additional penalty amount
                                                          applies                        be reduced

                                                      9.68A.100 — Commercial
                                                      Sexual Abuse of a Minor
                                                      (CSAM)
9.68A.105                                      $5,000
                                                      9.68A.101 — Promoting CSAM
                                                      9.68A.102 — Promoting travel
                                                      for CSAM

                                                     $50 9A.88.010 — Indecent exposure

                                                     $50 9A.88.030 — Prostitution        The court may not reduce,
                                                                                         waive, or suspend the payment
                        1st offense            $1,500                                    of all or part of the fee
                                                          9A.88.090 — Permitting         assessed unless it finds, on the
                        2nd offense            $2,500     prostitution                   record, that the adult offender
                                                          9A.88.110 — Patronizing a      cannot pay, in which case it
                        3rd and                           prostitute                     may reduce the fee by an
9A.88.120               subsequent             $5,000                                    amount up to two-thirds of the
                        offense                                                          maximum allowable fee.

                        1st offense            $3,000
                                                      9A.88.070 — Promoting
                        2nd offense            $6,000 prostitution in the first degree
                                                      9A.88.080 — Promoting
                        3rd and                       prostitution in the second
                        subsequent            $10,000 degree
                        offense

                                                         9A.88.140 – Vehicle
                                                         impoundment fine for:
                                                           9A.88.110 – Patronizing a
                                                         prostitute
                                                           9A.88.070 – Promoting
                                                    $500 prostitution in the first degree
                                                           9A.88.080 – Promoting
                                                         prostitution in the second
                                                         degree
9A.88.140                                                  9A.88.085 – Promoting travel May not be waived or reduced.
                                                         for prostitution

                                                      9A.88.140 – Vehicle
                                                      impoundment fine for:
                                                        9.68A.100 – CSAM
                                               $2,500   9.68A.101 – Promoting
                                                      CSAM
                                                        9.68A.102 – Promoting travel
                                                      for CSAM




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                           7
Fee assessments and crime rates
In state fiscal year 2023, 64 courts in Washington handed down convictions for crimes that bear the relevant
additional penalty fees. Of these, 16 courts — just 25% of the total — assessed these additional penalty fees
concerning convictions for applicable crimes. This discrepancy indicates that many courts in Washington are
not assessing the fees or only assessing a fraction of what they should. In addition, only 23 courts received
revenue in this fiscal year, some of which were for crimes committed in previous years.

     The King County Superior Court assessed and collected the highest fees of all Washington courts in
     state fiscal year 2023, assessing $79,141 and collecting $37,678.46. The Bellevue Municipal Court
     assessed the next highest fee, totaling $8,500. The Pierce County Superior Court collected the next
     highest fee, totaling $19,822.51.

     The Kitsap County Superior Court had six convictions for relevant crimes, one of which was for
     promoting prostitution in the second degree and two of which were for the commercial sexual abuse of a
     minor. These offenses carry fees of $3,000 and $5,000, respectively. Given all relevant convictions for
     the Kitsap County Superior Court, the maximum possible fees would total $13,150, assuming the
     convicted were first-time offenders. However, the court did not assess any relevant fees in the state
     fiscal year 2023.

     The Lewis County Superior Court had six convictions for relevant crimes, three of which were for the
     commercial sexual abuse of a minor. Given all qualifying convictions for the Lewis County Superior
     Court, the maximum possible fees would total $15,150, assuming the convicted were first-time
     offenders. However, the court did not assess any relevant fees in the state fiscal year 2023.

     The Spokane County Superior Court had seven convictions for relevant crimes, four for promoting
     prostitution in the second degree. Given all relevant convictions for the Spokane County Superior Court,
     the maximum possible fees would total $12,150, assuming the convicted were first-time offenders.
     However, the court did not assess any relevant fees in the state fiscal year 2023.

Statewide, courts assessed 56% of the total possible fee amount — $109,885.85 out of a potential $195,300.
As in previous years, courts in King County both assessed and collected most of the fees. Excluding King
County, other Washington courts assessed just 8% of the total possible fee amount — $7,795.35 out of a
potential $91,800. It is beyond the scope of this report to investigate why many courts are not imposing these
fees.

Table 2 lists the number of arrests and convictions for the relevant crimes, the maximum possible fees that
courts could assess based on conviction data, the actual fees assessed and the fees collected for each county
in Washington. Appendix B contains a complete list of all courts that imposed convictions for the applicable
crimes or assessed or collected relevant fees. It is important to note that an arrest made in one year can lead
to a case that takes more than a year to prosecute and resolve, explaining why the fees a court assessed in a
fiscal year may exceed the maximum possible fees. It also explains why some of the fees collected by a court
may be greater than fees that the court assessed.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                8
Table 2: Arrests, convictions and fees by county for applicable charges — state fiscal
year 2023
County          Arrests          Convictions     Max possible   Fees assessed   Fees collected
                                                 fees*
Adams           14               0               $0.00          $0.00           $0.00

Asotin          3                3               $150.00        $0.00           $0.00

Benton          31               4               $4,550.00      $0.00           $78.69

Chelan          8                2               $100.00        $0.00           $832.15

Clallam         8                3               $150.00        $0.00           $0.00

Clark           35               4               $200.00        $116.50         $100.00

Columbia        0                0               $0.00          $0.00           $0.00

Cowlitz         29               14              $5,650.00      $0.00           $0.00

Douglas         0                0               $0.00          $0.00           $0.00

Ferry           0                0               $0.00          $0.00           $0.00

Franklin        10               0               $0.00          $0.00           $0.00

Garfield        0                0               $0.00          $0.00           $0.00

Grant           3                1               $5,000.00      $0.00           $0.00

Grays Harbor    16               4               $200.00        $500.00         $126.72

Island          2                2               $100.00        $0.00           $0.00

Jefferson       0                0               $0.00          $0.00           $0.00

King            202              66              $103,500.00    $102,090.50     $81,489.87

Kitsap          27               11              $13,400.00     $16.50          $516.50

Kittitas        3                2               $100.00        $0.00           $0.00

Klickitat       3                2               $100.00        $0.00           $0.00

Lewis           18               8               $15,250.00     $0.00           $1.50

Lincoln         0                0               $0.00          $0.00           $0.00

Mason           5                2               $100.00        $500.00         $0.00

Okanogan        2                3               $5,100.00      $0.00           $0.00

Pacific         0                0               $0.00          $0.00           $0.00

Pend Oreille    4                0               $0.00          $0.00           $0.00

Pierce          52               16              $18,600.00     $6,000.00       $19,874.27

San Juan        2                1               $50.00         $15.00          $0.00

Skagit          21               6               $300.00        $0.00           $13.01

Skamania        0                1               $50.00         $0.00           $0.00

Snohomish       83               23              $1,150.00      $33.50          $0.00

Spokane         67               11              $12,350.00     $0.00           $401.55

Stevens         6                0               $0.00          $0.00           $0.00


 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                     9
 County                    Arrests                   Convictions               Max possible              Fees assessed             Fees collected
                                                                               fees*
 Thurston                  42                        4                         $200.00                   $50.00                    $50.00

 Wahkiakum                 0                         0                         $0.00                     $0.00                     $0.00

 Walla Walla               4                         1                         $50.00                    $0.00                     $0.00

 Whatcom                   14                        4                         $3,150.00                 $0.00                     $0.00

 Whitman                   0                         1                         $50.00                    $0.00                     $0.00

 Yakima                    35                        15                        $5,700.00                 $563.85                   $31.28

 TOTAL                     749                       214                       $195,300.00               $109,885.85               $103,515.54

* Data from the Administrative Office of the Courts does not differentiate whether a particular case is a first, second, third or subsequent offense.
Second, third and subsequent offenses have greater criminal penalty fee amounts. The calculations for maximum possible fees assume that each case
is a first offense for simplicity, but if any of these offenses is a second, third, or subsequent offense, the potential fee revenue would be even greater.

Sources: The Administrative Office of the Courts, Washington State Patrol, King County Superior Court, King County District Court and Seattle Municipal
Court.

The total amount of potential fees is determined using the number of convictions for each crime category and
the fees described in statute.

Figure 1 illustrates the total amount of potential fees compared to the actual amount the courts assessed over
the ten years that the fees have been in effect.

Figure 1: Amounts assessed compared to potential fees — 2014 through 2023

 $900,000
 $800,000
 $700,000
 $600,000
 $500,000
 $400,000
 $300,000
 $200,000
 $100,000
           $0
                     2014         2015          2016         2017          2018          2019         2020         2021          2022         2023
                                              Total Possible Fees                Amount of Fees Levied

Sources: The Administrative Office of the Courts, Washington State Patrol, King County Superior Court, King County District Court and Seattle Municipal
Court.




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                         10
Figure 2 illustrates the percentage of total potential fees Washington courts assessed in state fiscal years
2014 through 2023.

Figure 2: Percentage of potential fees assessed statewide — 2014 through 2023

 80%
                                                                                                 71%
 70%
 60%                                     57%
                                                                                         54%                                  52%                56%
                                                                                                              57%
 50%
              42%
 40%
                            37%
 30%                                                                  32%
                                                       31%
 20%
 10%
   0%
              2014          2015          2016          2017         2018          2019          2020          2021          2022          2023
                                                                   % of Possible Fees

Sources: the Administrative Office of the Courts, Washington State Patrol, King County Superior Court, King County District Court and Seattle Municipal
Court.


Background on fees and payments
Many individuals convicted of crimes do not pay fees all at once but instead enter into a payment plan with the
court. As they pay off the fees, court clerks code them into the Judicial Information System (JIS) and Odyssey
system used by most courts in Washington. Therefore, revenue from fees can be greater during a given year
than assessed fees as offenders gradually pay off their penalties.

The Administrative Office of the Courts (AOC) establishes new codes in JIS and Odyssey. It informs courts
about which codes to use. AOC codes data in these systems to the fund account rather than the statute
applicable to the crime. As a result, separating the funds collected by the offense committed is impossible.

Once court clerks receive the revenue and allocate it to a code, the city or county treasurer is responsible for
establishing an account for the monies. Some cities contract with their county to act as treasurer for the
jurisdiction. Then, the jurisdiction must decide which department, office, or official is responsible for
determining how to spend the funds, allocating the amounts according to the legislative guidelines, and
ensuring that the quarterly reports are sent to Commerce.

The Washington State Patrol maintains data by county on the number of arrests and convictions for all crimes
in Washington. Some cities, notably Seattle, have municipal codes for misdemeanor offenses that effectively
replace the applicable state statute in the city's data system. Therefore, the researchers for this report
obtained data on arrests, cases, and convictions for crimes committed within Seattle from the Seattle
Municipal Court.



  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                                      11
Because the applicable crimes include both misdemeanors and felonies, the impacted courts include
municipal and district courts (courts of limited jurisdiction, or CLJs) and superior courts, which hear cases
involving serious felonies.

Certain courts, including the Seattle Municipal Court, King County District, and Superior courts, do not use JIS
or Odyssey. Additionally, some municipal courts contract with their county district courts to collect fees on
their behalf. For instance, the King County District Court contracts with Auburn, Beaux Arts, Bellevue, Burien,
Carnation, Covington, Duvall, Kenmore, Redmond, Sammamish, Shoreline, Skykomish, and Woodinville. The
information on fees collected and assessed by those cities is merged with the King County District Court data.

Crime rates
In the state fiscal year 2023, law enforcement officers made 20% more arrests for sexual exploitation crimes
than the state fiscal year 2022. The number of convictions between state fiscal year 2022 (166) and state
fiscal year 2023 (218) also increased by 31%. There were 57 more convictions for indecent exposure in state
fiscal year 2023 than in state fiscal year 2022, a 52% increase that represented the single greatest percentage
increase in convictions for any of the crimes specified under RCW 9.68A.105, RCW 9A.88.120, and RCW
9A.88.140.

Table 3 lists the number of arrests, cases, and convictions for these crimes. The table also includes the crime
of trafficking, which carries an additional $10,000 penalty fee. However, the fee for trafficking is not subject to
the same dispersal requirements as the crimes specified under RCW 9.68A.105, RCW 9A.88.120, and RCW
9A.88.140.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                    12
Table 3: Statewide arrests and convictions by crime — state fiscal year 2023
 Statute       Charge                                                      Arrests       Convictions
 9.68A.100     Commercial Sexual Abuse of a Minor (CSAM)                   56            12

 9.68A.101     Promoting CSAM                                              14            1

 9.68A.102     Promoting Travel for CSAM                                   1             0

 9.68A.103     Permitting CSAM                                             0             0

 9A.40.100     Trafficking                                                 29            2

 9A.88.010     Indecent Exposure                                           571           166

 9A.88.030     Prostitution                                                12            0

 9A.88.070     Promoting Prostitution in the First Degree                  12            4

 9A.88.080     Promoting Prostitution in the Second Degree                 18            27

               Promoting Travel for Prostitution (Vehicle
 9A.88.085                                                                 0             0
               Impoundment)

 9A.88.090     Permitting Prostitution                                     0             0

 9A.88.110     Patronizing a Prostitute                                    36            6


 TOTAL                                                                     749           218


Source: The Washington State Patrol provided data on statewide arrests and convictions

The relatively high number of arrests for trafficking – 29 – compared to only two convictions under this charge
suggests that many of these cases are instead prosecuted for the lesser charge of promoting prostitution. In
addition, if an investigation reveals that the victim(s) was underage, the prosecutor may press a felony charge
of CSAM instead of a trafficking charge. Finally, an arrest in one year can lead to a case that takes more than a
year to prosecute and resolve. This explains why some charges have fewer arrests than convictions in the
state fiscal year 2023.

Over the past nine years, there has been a steady decrease, on average, in the numbers of both arrests and
convictions for these crimes since Commerce first started tracking this data in 2014. However, this year marks
the first year since 2017 when arrests and convictions increased from the previous year's levels.




  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                13
Figure 3: Statewide arrests and convictions totals — 2014 through 2023

 1,600
                                                     1439
 1,400       1282         1243                                    1294
                                        1187
 1,200                                                                          1131
                                                                                          1011
 1,000
    800                                                                                                              749
                                                                                                     660     622
    600                                                   490
                               418          418
                  349                                                  363          358
    400
                                                                                            239        198             218
                                                                                                               166
    200
       0
               2014         2015          2016         2017         2018          2019     2020      2021    2022    2023
                                            Number of arrests                Number of convictions

Source: The Washington State Patrol provided data on statewide arrests and convictions


Legal financial obligations
The criminal penalty fees that are the focus of this report are a subset of all the costs, fees, fines, or
restitutions that Washington courts may impose on people convicted of a criminal offense. These court-
mandated payments are collectively called legal financial obligations (LFOs), which have been the subject of
several studies in Washington in recent years.

In January 2022, the Washington Supreme Court's Minority and Justice Commission released a report titled
"The Price of Justice,"3 which assessed local and statewide policies and practices concerning LFO assessment
and collection, among other topics. While it is outside the scope of this report to make a detailed investigation
of why Washington courts are not assessing the maximum possible amount of criminal penalty fees related to
certain crimes of sexual exploitation, several findings from "The Price of Justice" may provide a starting point
for answering this question.

One such finding is among judges surveyed as part of the report, "a majority indicated that between 80%-100%
of the defendants that appear before them are indigent." Another is that among judges surveyed, 44% indicated
that they do not believe that LFOs are essential to the criminal justice process. Defense attorneys surveyed
also reported that "courts' LFO practices varied widely from judge to judge and from jurisdiction to jurisdiction,"
including differences in which LFOs judges understood to be mandatory.

Finally, "The Price of Justice" also noted declines for CLJs in cases where courts imposed LFOs, the average
amount of LFOs imposed and the total amount of LFOs imposed. Between 2014 and 2018, CLJ cases in which
LFOs were imposed dropped by 23%, the average amount of LFOs assessed per case in CLJs dropped by 12%,
and the total amount of LFOs imposed per year in CLJs statewide dropped by 3%.



3 Washington State Supreme Court Minority and Justice Commission, "The Price of Justice," (2022),
MJC_LFO_Price_of_Justice_Report_Final.pdf (wa.gov)

  CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                               14
According to the Minority and Justice Commission, another possible factor contributing to the wide variation in
the percentage of possible fees that Washington courts assess is the changing statutory landscape governing
the assessment of LFOs. These changes include requiring courts to account for a person's willingness to pay
before assessing discretionary LFOs, and Chapter 449, Laws of 2023, which eliminated the crime victim
penalty assessment for juveniles or, upon motion, for adults found to be indigent. However, it is important to
note that the fees detailed in this report are mandatory and distinct from the crime victim penalty assessment.

Finally, the non-unified structure of Washington courts means that judicial education concerning LFOs happens
at the court level. While the Administrative Office of the Courts provides resources like the LFO calculator and
an LFO bench card that judicial officers can reference to guide LFO assessment, the state does not provide any
statewide LFO educational programs.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                               15
How jurisdictions reported spending the funds
In the state fiscal year 2023, 64 courts in Washington handed down convictions for crimes that bear the
additional penalty fee. Sixteen courts (25%) assessed these additional penalty fees. Of the 23 courts that
collected revenue, 14 assessed and collected revenue towards payment of the fees in the state fiscal year
2023. The eight remaining courts collected revenue but did not assess fees, which indicates the revenue was
from persons convicted of crimes paying off fees assessed in past years.

Eleven courts reported $100 or less collected during the state fiscal year 2023; therefore, they were not
surveyed. Researchers surveyed the twelve jurisdictions that collected greater amounts through email and
phone contacts to determine how cities and counties used the funds. In most cases, it was necessary to speak
with another department (for instance, the city or county treasurer, the police department, or the prosecutor's
office) to learn whether the funds had been allocated and, if so, how they had been spent.

As in previous years, jurisdictions were provided with a chart (Appendix A) showing the relevant statutes and
the statutory dispersal formula for the funds.

Reports by jurisdiction
Auburn Municipal Court
The City of Auburn has not yet spent the funds it collected in the state fiscal year 2023.

Bellevue Municipal Court
The Bellevue Police Department spent $441.35 of applicable fee revenue in the state fiscal year 2023 to
provide food and other basic needs for a victim in a juvenile trafficking case until detectives could connect that
person with housing and an appropriate non-profit resource center.

Chelan County District Court
Chelan County has not yet spent the funds it collected in the state fiscal year 2023.

Des Moines Municipal Court
The City of Des Moines has not yet spent the funds it collected in the state fiscal year 2023.

Kent Municipal Court
The City of Kent has not yet spent the funds it collected in the state fiscal year 2023.

Kitsap County District Court
Kitsap County has not yet spent the funds it collected in the state fiscal year 2023.

Pierce County District Court
Pierce County has not yet spent the funds it collected in the state fiscal year 2023.

SeaTac Municipal Court
The City of SeaTac has not yet spent the funds it collected in the state fiscal year 2023.



 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                  16
Seattle Municipal Court
The City of Seattle has not yet spent the funds it collected in the state fiscal year 2023.

Spokane County District Court
Spokane County reports that due to a coding error, the revenues collected for the offenses detailed in this
report have been erroneously remitted to the state for the past several years.




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                  17
Appendix A: Distribution of criminal penalty fees
Figure 4: Dispersal of penalty fines and revenues from seized property under RCW




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                       18
Appendix B: Courts with convictions for applicable
charges
Table 4: Convictions, fees assessed and fees collected by court - fiscal year 2023
Court                     County         Convictions       Fees assessed   Fees collected
Aberdeen Municipal
                          Grays Harbor   1                 $500.00         $93.00
Court

Airway Heights
                          Spokane        1                 $0.00           $0.00
Municipal Court

Anacortes Municipal
                          Skagit         1                 $0.00           $0.00
Court

Asotin County Superior
                          Asotin         3                 $0.00           $0.00
Court

Auburn Municipal Court    King           0                 $1,533.00       $500.00

Battle Ground Municipal
                          Clark          0                 $50.00          $50.00
Court

Bellevue Municipal
                          King           0                 $8,500.00       $8,500.00
Court

Bellingham Municipal
                          Whatcom        2                 $0.00           $0.00
Court

Benton County District
                          Benton         1                 $0.00           $78.69
Court

Benton County Superior
                          Benton         3                 $0.00           $0.00
Court

Bonney Lake Municipal
                          Pierce         1                 $0.00           $0.00
Court

Bothell Municipal Court   King           1                 $0.00           $0.00

Bremerton Municipal
                          Kitsap         3                 $0.00           $0.00
Court

Centralia Municipal
                          Lewis          2                 $0.00           $1.50
Court

Chelan County District
                          Chelan         1                 $0.00           $832.15
Court

Clallam County District
                          Clallam        3                 $0.00           $0.00
Court

Clark County District
                          Clark          4                 $66.50          $50.00
Court

Cowlitz County District
                          Cowlitz        11                $0.00           $0.00
Court

Cowlitz County Superior
                          Cowlitz        3                 $0.00           $0.00
Court

Des Moines Municipal
                          King           1                 $1,500.00       $3,050.00
Court



 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                19
Court                      County         Convictions     Fees assessed   Fees collected
East Klickitat District
                           Klickitat      1               $0.00           $0.00
Court

Everett Municipal Court    Snohomish      9               $16.50          $0.00

Evergreen District Court   Snohomish      2               $0.00           $0.00

Federal Way Municipal
                           King           1               $0.00           $0.00
Court

Fife Municipal Court       Pierce         0               $0.00           $51.76

Grant County Superior
                           Grant          1               $0.00           $0.00
Court

Grays Harbor County
                           Grays Harbor   0               $0.00           $33.72
District Court No 1

Grays Harbor County
                           Grays Harbor   3               $0.00           $0.00
Superior Court

Island County Superior
                           Island         2               $0.00           $0.00
Court

Kent Municipal Court       King           6               $500.00         $17,475.52

King County District
                           King           13              $5,516.50       $5,513.01
Court

King County Superior
                           King           35              $79,141.00      $37,678.46
Court

Kirkland Municipal Court King             1               $0.00           $0.00

Kitsap County District
                           Kitsap         2               $16.50          $516.50
Court

Kitsap County Superior
                           Kitsap         6               $0.00           $0.00
Court

Kittitas County Superior
                           Kittitas       1               $0.00           $0.00
Court

Lewis County Superior
                           Lewis          6               $0.00           $0.00
Court

Lower Kittitas County
                           Kittitas       1               $0.00           $0.00
District Court

Marysville Municipal
                           Snohomish      3               $0.00           $0.00
Court

Mason County District
                           Mason          1               $500.00         $0.00
Court

Mason County Superior
                           Mason          1               $0.00           $0.00
Court

Mercer Island Municipal
                           King           1               $0.00           $0.00
Court

Monroe Municipal Court     Snohomish      2               $17.00          $0.00

Mount Vernon Municipal
                       Skagit             2               $0.00           $0.00
Court

Okanogan County
                           Okanogan       2               $0.00           $0.00
District Court


CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                20
Court                     County        Convictions       Fees assessed   Fees collected
Okanogan County
                          Okanogan      1                 $0.00           $0.00
Superior Court

Olympia Municipal Court Thurston        4                 $50.00          $50.00

Pierce County District
                          Pierce        1                 $0.00           $0.00
Court

Pierce County Superior
                          Pierce        9                 $6,000.00       $19,822.51
Court

Puyallup Municipal
                          Pierce        1                 $0.00           $0.00
Court

Renton Municipal Court    King          6                 $50.00          $0.00

San Juan County District
                         San Juan       1                 $15.00          $0.00
Court

SeaTac Municipal Court    King          1                 $5,350.00       $7,602.88

Seattle Municipal Court   King          4                 $200.00         $1,170.00

Skagit County District
                          Skagit        0                 $0.00           $13.01
Court

Skagit County Superior
                          Skagit        3                 $0.00           $0.00
Court

Skamania County
                          Skamania      1                 $0.00           $0.00
District Court

Snohomish County
                          Snohomish     1                 $0.00           $0.00
South District Court

Snohomish County
                          Snohomish     6                 $0.00           $0.00
Superior Court

Spokane County District
                          Spokane       3                 $0.00           $401.55
Court

Spokane County
                          Spokane       7                 $0.00           $0.00
Superior Court

Sunnyside Municipal
                          Yakima        1                 $0.00           $16.50
Court

Tacoma Municipal Court Pierce           4                 $0.00           $0.00

Walla Walla County
                          Walla Walla   1                 $0.00           $0.00
Superior Court

Wenatchee County
                          Wenatchee     1                 $0.00           $0.00
Superior Court

West Klickitat County
                          Klickitat     1                 $0.00           $0.00
District Court

Whatcom County
                          Whatcom       2                 $0.00           $0.00
Superior Court

Whitman County District
                          Whitman       1                 $0.00           $0.00
Court

Yakima County District
                          Yakima        0                 $51.85          $0.00
Court




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                21
Court                    County       Convictions         Fees assessed   Fees collected
Yakima County Superior
                         Yakima       2                   $0.00           $0.00
Court

Yakima Municipal Court   Yakima       12                  $512.00         $14.78

TOTAL                    71 courts    218                 $109,885.85     $103,515.54




CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                22
Appendix C: King County's approach
Most arrests and convictions for the crime of patronizing a prostitute (RCW 9A.88.110) and commercial sexual
abuse of a minor (RCW 9.68A.100) occur in King County. Several law enforcement agencies in King County,
including the City of Seattle, Kent, Bellevue, Des Moines, and Renton police departments, have policies to
actively pursue those who buy sexual encounters from adults or children.

In 2014, King County launched a new approach to reduce the demand for prostitution by working to change the
attitudes and behaviors of people arrested for patronization. Several law enforcement and prosecuting
agencies within King County have altered their emphasis to both pursue the buyers of commercial sex and the
people who facilitate sex trafficking. They based their approach on the reality that the past practice of
arresting and prosecuting people in prostitution did not make the community any safer. Rather, punishing
prostituted people resulted in the cycle of prostitution-related crime and sex trafficking persisting. Presently,
law enforcement and prosecuting agencies are instead focusing on punishing those who seek out and
facilitate illegal interactions — the sex buyers, promoters, and traffickers.

Sex trafficking is a crime that disproportionately targets vulnerable youth across Washington, including victims
of child sexual abuse or youth in the foster care system. The crime disproportionately harms youth from
marginalized racial backgrounds and sexual identities. Human traffickers and sex buyers exploit the
vulnerabilities of youth by involving them in the sex trade. Across the U.S., the typical age of entry for youth
coerced into the sex trade is between 13 and 15. In 2018, over 470 youth between the ages of 11 and 24 were
engaged with services for youth experiencing commercial sexual exploitation in King County. A demographic
analysis of a sample of those youthfound that 73% were between 12 and 17.4 These children and young adults
experience repeated rapes, abuse, and other forms of violence at the hands of sex buyers and traffickers.

All through the process, these trafficking victims face many barriers to escaping the life of prostitution.
Therefore, King County's approach emphasizes the prosecution of sex buyers and traffickers and connecting
prostituted people to services. Program leaders assert that a reduction in demand will decrease harm to
prostituted people, reduce the self-destructive behaviors of buyers and curb sex trafficking.

Over the past several years, the Ending Exploitation Collaborative (EEC) in King County marshaled a cross-
sector transformation toward diverting victims of sexual exploitation to services and holding sex buyers
accountable. The EEC is a partnership of the Organization for Prostitution Survivors, the Washington State
Attorney General's Office, the King County Prosecuting Attorney's Office, Seattle Against Slavery, Businesses
Ending Slavery and Trafficking and the Center for Child and Youth Justice.

The EEC has changed norms and practices across sectors to confront the demand for commercial sex. For
example, traffickers and sex buyers in King County are being arrested and prosecuted through pioneering
approaches that have been recognized nationwide. Following conviction, sex buyers in King County must
complete an innovative and successful education program called "Stopping Sexual Exploitation." This program
is based on principles of social justice and personal transformation and is designed to help men understand
their behavior and promote their own decisions not to buy sex. A significant portion of the fees for the buyer
education program and the statutorily mandated fines assessed from buyers are directed to increase services




4 Debra Boyer, " Commercially Sexually Exploited Children in Seattle/King County 2019 Update," (2023), Microsoft Word - Boyer report

(wordpress.com)

 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                                      23
that help victims of sex trafficking and sexual exploitation, including housing, treatment and employment
training.

The EEC also seeks to shift norms and practices by youth and adults through education and targeted
interventions because of its belief that broader cultural and institutional norms influence the individual choice
to buy sex. The EEC provides prevention education for youth in schools and adults at work. Because research
indicates that 13% of calls to solicit sex originate from local businesses, and a peak time to solicit sex online is
2 p.m., employers have played an important role in educating employees and preventing illegal activity through
the workplace.

Figures 5 and 6 illustrate how King County's arrests and convictions, respectively, compare to the numbers in
the rest of the state.

Figure 5: Arrests for patronization and prostitution crimes — state fiscal year 2023

 40
                                       35
 35
                                                                                             31
 30
 25
 20
 15
 10                                                                           7
                        5
  5
  0
                      King County Arrests                                    Remainder of WA
                       Prostitution         Patronizing, Permitting or Promoting Prostitution




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                                                    24
Figure 6: Patronization and prostitution convictions — state fiscal year 2023

 30
                                  27
 25

 20

 15
                                                                                      10
 10

  5
                    0                                                   0
  0
                 King County Convictions                               Remainder of WA
                   Prostitution        Patronizing, Permitting or Promoting Prostitution




 CRIMINAL PENALTY FEES RELATED TO SEXUAL EXPLOITATION CRIMES                               25


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