As used in this Article, the following terms mean:
- DEVIATE SEXUAL INTERCOURSE
- Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis, the female genitalia, or the anus by a finger, instrument, or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
- PERSISTENT PROSTITUTION OFFENDER
- A person who has been found guilty of two (2) or more prostitution-related offenses.
- PROSTITUTION-RELATED OFFENSE
- Any violation of State law for prostitution, patronizing prostitution, or promoting prostitution.
- SEXUAL CONDUCT
- Sexual intercourse, deviate sexual intercourse, or sexual contact.
- SEXUAL CONTACT
- Any touching of another person with the genitals or any touching of the genitals or anus of another person or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person or for the purpose of terrorizing the victim.
- SEXUAL INTERCOURSE
- Any penetration, however slight, of the female genitalia by the penis.
- SOMETHING OF VALUE
- Any money or property, or any token, object or article exchangeable for money or property.
A person commits the offense of prostitution if he or she 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.
A person commits the offense of patronizing prostitution if he or she:
Pursuant to a prior understanding, gives something of value to another person as compensation for having engaged in sexual conduct with any person; or
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
Solicits or requests another person to engage in sexual conduct with any person in return for something of value.
It shall not be a defense that the person believed that the individual he or she patronized for prostitution was eighteen (18) years of age or older.
Editor's Note: This Section previously noted that in prosecutions of prostitution and patronizing prostitution, the sex (gender) of the parties was no defense. However, the authorizing statute, former RSMo. §567.040, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017.
Any room, building or other structure regularly used for any prostitution activity prohibited by this Article is a public nuisance.
The City Prosecuting Attorney may, in addition to all criminal 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 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.
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 prostitution activity anywhere within the jurisdiction of the court.
Appeals shall be allowed from the judgment of the court as in other civil actions.