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; or
- 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 which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or
- 2. Deviate sexual intercourse which means any sexual act involving the genitals of one person and the mouth, hand, tongue or anus of another person; or
- 3. Sexual contact which means any touching, manual or otherwise, of the anus or genitals of one 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.
A person commits the offense of prostitution if the person performs
an act of prostitution.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
A person
commits the offense of patronizing prostitution if he/she patronizes
prostitution.
B.
It shall
not be an affirmative defense that the defendant believed that the
person he/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.
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:
A.
Any room, building or other structure regularly used for sexual contact for pay as defined in Section 210.1350 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. If the court finds
that the owner of the room, building or structure knew or had reason
to believe that the premises were being used regularly for sexual
contact for pay or unlawful prostitution activity, the court may order
that the premises shall not be occupied or used for such period as
the court may determine, not to exceed one (1) year.
C.
All
persons, including owners, lessees, officers, agents, inmates or employees,
aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance, and they may be enjoined from engaging
in any sexual contact for pay or unlawful prostitution activity anywhere
within the jurisdiction of the court.
D.
Appeals
shall be allowed from the judgment of the court as in other civil
actions.
