City of Clayton, MO Article VIII Offenses Concerning Prostitution and Morals

Section 215.430 Article Definitions

As used in this Article, the following terms mean:

PATRONIZING PROSTITUTION

A person patronizes prostitution if:

1. Pursuant to a prior understanding, he/she gives something of value to another person as compensation for that person or a third (3rd) person having engaged in sexual conduct with him/her or with another;

2. He/she gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third (3rd) person will engage in sexual conduct with him/her or with another; or

3. He/she solicits or requests another person to engage in sexual conduct with him/her or with another, or to secure a third (3rd) person to engage in sexual conduct with him/her or with another, in return for something of value.

PROSTITUTION

A person commits prostitution if he/she engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third (3rd) person.

SEXUAL CONDUCT

Occurs when there is:

1. SEXUAL INTERCOURSE Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.

2. DEVIATE SEXUAL INTERCOURSE Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.

3. SEXUAL CONTACT Any touching, manual or otherwise, of the anus or genitals of one (1) person by another done for the purpose of arousing or gratifying sexual desire of either party.

SOMETHING OF VALUE

Money or property or any token, object or article exchangeable for money or property.

Section 215.440 Prostitution [1]

[Ord. No. 6466 § 1, 1-10-2017]

A person commits the offense of prostitution if the person engages in or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by any person.

[1] Note—Under certain circumstances this offense can be a felony under state law.

Section 215.450 Patronizing Prostitution [1]

[Ord. No. 6466 § 1, 1-10-2017]

A. A person commits the offense of patronizing prostitution if he or she:

1. Pursuant to a prior understanding, gives something of value to another person as compensation for having engaged in sexual conduct with any person; or

2. Gives or agrees to give something of value to another person with the understanding that such person or another person will engage in sexual conduct with any person; or

3. Solicits or requests another person to engage in sexual conduct with any person for something of value.

B. It shall not be an affirmative defense that the defendant believed that the person he or she patronized for prostitution was eighteen (18) years of age or older.

[1] Note—Under certain circumstances this offense can be a felony under state law.

Section 215.455 Promoting Prostitution.

[Ord. No. 6466 § 1, 1-10-2017]

A. A person commits the offense of promoting prostitution if he or she knowingly:

1. Causes or aids a person to commit or engage in a violation of Section 215.440;

2. Procures or solicits patrons for a violator of Section 215.440;

3. Provides persons or premises for use by a violator of Section 215.440;

4. Operates or assists in the operation of a house or business or enterprise used by or involving violations of Section 215.440;

5. Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in proceeds of violation of Section 215.440; or

6. Engages in any conduct designed to institute, aid or facilitate an act or enterprise involving violation of Section 215.440.

Section 215.460 Prostitution, Patronizing And Promoting Prostitution — Sex Of Parties No Defense, When.

[Ord. No. 6466 § 1, 1-10-2017[1]]

A. In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

1. Both persons were of the same sex; or

2. The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.

[1] Editor's Note: Ord. No. 6466 also changed the title of this Section from "Prostitution and Patronizing Prostitution — Sex of Parties No Defense, When" to "Prostitution, Patronizing and Promoting Prostitution — Sex of Parties No Defense, When."

Section 215.465 Prostitution Houses Deemed Public Nuisances.

[Ord. No. 6466 § 1, 1-10-2017]

A. Any room, building or other structure regularly used for sexual contact for pay as defined in Section 215.430 or any unlawful prostitution activity prohibited by this Article is a public nuisance.

B. The City Prosecuting Attorney may, in addition to all other sanctions, prosecute a suit in equity to enjoin the nuisance as provided in Section 567.080, RSMo.