Chapter 35: PROSTITUTION AND PUBLIC INDECENCY
§851: Definitions
As used in this chapter:
1. "Prostitution" means engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact, as those terms are defined in section 251, in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person;
1-A. "Engages a prostitute" means providing or agreeing to provide, either to the person whose prostitution is sought or to a 3rd person, pecuniary benefit in return for a sexual act or sexual contact as those terms are defined in section 251;
2. "Promotes prostitution" means:
A. Causing or aiding another to commit or engage in prostitution, other than as a patron;
B. Publicly soliciting patrons for prostitution. Publicly soliciting patrons for prostitution includes, but is not limited to, an offer, made in a public place, to engage in a sexual act or sexual contact, as those terms are defined in section 251, in return for a pecuniary benefit to be received by the person making the offer or a 3rd person;
C. Providing persons for purposes of prostitution;
D. Leasing or otherwise permitting a place controlled by the defendant, alone or in association with others, to be regularly used for prostitution;
E. Owning, controlling, managing, supervising or otherwise operating, in association with others, a house of prostitution or a prostitution business;
F. Transporting a person into or within the State with the intent that such other person engage in prostitution; or
G. Accepting or receiving, or agreeing to accept or receive, a pecuniary benefit pursuant to an agreement or understanding with any person, other than with a patron, whereby the person participates or the person is to participate in the proceeds of prostitution.
§852: Aggravated promotion of prostitution
1. A person is guilty of aggravated promotion of prostitution if he knowingly:
A. Promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution; or
B. Promotes prostitution of a person less than 18 years old.
2. As used in this section "compelling" includes but is not limited to:
A. The use of a drug or intoxicating substance to render a person incapable of controlling his conduct or appreciating its nature; and
B. Withholding or threatening to withhold a narcotic drug or alcoholic liquor from a drug or alcohol-dependent person. A "drug or alcohol-dependent person" is one who is using narcotic drugs or alcoholic liquor and who is in a state of psychic or physical dependence or both, arising from the use of the drug or alcohol on a continuing basis.
3. Aggravated promotion of prostitution is a Class B crime.
§853: Promotion of prostitution
1. A person is guilty of promotion of prostitution if he knowingly promotes prostitution.
2. Promoting prostitution is a Class D crime.
§853-A: Engaging in prostitution
1. A person is guilty of engaging in prostitution if:
A. The person engages in prostitution as defined in section 851. Violation of this paragraph is a Class E crime, except that the sentencing alternative may include only the penalties provided in section 1301; or
B. The person violates paragraph A and, at the time of the offense, the person has one prior conviction for engaging in prostitution. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of the prior conviction may not precede the commission of the offense by more than 2 years. Violation of this paragraph is a Class D crime.
§853-B: Engaging a prostitute
1. A person is guilty of engaging a prostitute if:
A. The person engages a prostitute within the meaning of section 851, subsection 1-A. Violation of this paragraph is a Class E crime, except that the sentencing alternative may include only the penalties provided in section 1301; or
B. The person violates paragraph A and, at the time of the offense, the person has one prior conviction for engaging a prostitute. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of the prior conviction may not precede the commission of the offense by more than 2 years. Violation of this paragraph is a Class D crime.