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§ 11-34-1: Pandering
(a) It shall be unlawful for any person to secure a person for a house of ill fame, or to procure for a person a place as inmate of a house of ill fame; or by any promise, threat, by abuse of person, or by any other device or scheme, to cause, induce, persuade, or encourage a person to become a prostitute, to enter upon or lead a wanton or dissolute life, to become an inmate of a house of ill fame, to enter a place in which prostitution is encouraged or allowed, or remain in it as an inmate, or to come into this state or leave this state for the purpose of prostitution. It shall be unlawful for any person to receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute, to enter upon or lead a wanton or dissolute life, or to become an inmate of a house of ill fame, either within or without this state, or come into this state or leave this state for the purpose of prostitution. It shall be unlawful for any person by any means to keep, hold, or detain against his or her will or restrain any person in any place for the purpose of prostitution, or in a house of ill fame or other place where prostitution is practiced or allowed for any purpose; or to directly or indirectly keep, hold, detain, or restrain, or attempt to keep, hold, detain, or restrain in any house of ill fame or other place where prostitution is allowed or practiced, any person by any means for the purpose of compelling that person, directly or indirectly, to pay, liquidate, or cancel any debt, dues, or obligations incurred or said to have been incurred by that person.(b) Every person who commits any of the offenses described in subsection (a) of this section, or who assists, abets, or aids another to commit any of those offenses, shall be guilty of pandering. For the first offense that person shall be punished by imprisonment for not less than one year and not more than five (5) years and a fine of not less than two thousand dollars ($2,000), nor more than five thousand dollars ($5,000). For every subsequent offense that person shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years and a fine of not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000).
§ 11-34-2: Venue of pandering prosecutions
It shall not be a defense to any prosecution for any of the offenses described in § 11-34-1 that the offense or any part of the offense shall have been committed outside the state, and any offense described in § 11-34-1 may be alleged to have been committed. The offender may be prosecuted and punished in any county in which the offender or the person upon or against whom the offense was committed may be found, or in which the offense was consummated, or in which any overt acts in furtherance of the offenses shall have been committed.§ 11-34-3: Spouse as witness in pandering prosecution
In any prosecution for any offense under § 11-34-1, any person shall be a competent witness against the offender in relation to any pandering offense committed by the offender upon or against him or her, or by the offender against or upon another person or persons in his or her presence, notwithstanding that person may have been married to the offender before or after the commission of the offense, and notwithstanding that person may be called as a witness during the existence of the marriage or after its dissolution.§ 11-34-4: Search for and delivery of inmate of house of ill fame
Whenever there is reason to believe that any person has been inveigled, enticed, induced, persuaded, or encouraged to enter a house of ill fame or other place where prostitution is allowed or practiced, or is being kept, held, detained, or restrained in any house of ill fame or other place where prostitution is allowed or practiced, upon complaint being made under oath by any director of human services, member of the division of state police, sheriff, deputy sheriff, chief of police, town sergeant, or constable, or by the parent, master, or guardian of the person, to any justice or clerk of a district court authorized to issue warrants, the justice or clerk may issue a warrant to enter by day or night the house of ill fame or other place, to search for the person, and to bring that person and the person in whose possession or keeping he or she may be found before the district court. The court may, on examination, order that person to be delivered to the director of human services, parent, master, or guardian, or to be placed in the charge of a probation officer, or to be discharged in accordance with law.§ 11-34-5: Transportation for indecent purposes - Harboring prostitution
(a) It shall be unlawful for any person, for pecuniary gain, to secure, direct, or transport, or offer to secure, direct, or transport another for the purpose of prostitution, or for any other lewd or indecent act; or to receive or offer or agree to receive any person into any place, structure, house, building, room, or conveyance for the purpose of committing any such acts, or knowingly permit any person to remain in the premises for those purposes, or to, in any way, aid or abet or participate in any of the acts or things enumerated in this chapter.(b) Any person found guilty under this section shall be subject to imprisonment in the adult correctional institutions for not less than one year and not more than five (5) years, and a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000). For every subsequent offense that person shall be punished by imprisonment for not less than three (3) years and for not more than ten (10) years and a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).
§ 11-34-5.1: Deriving support or maintenance from prostitution
Any person, knowing a person to be a prostitute, who shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of prostitution, from moneys loaned, advanced to, or charged against the prostitute by any keeper, manager, or inmate of a house of ill fame or other place where prostitution is practiced or allowed, or who shall share in the earnings, proceeds or moneys, shall be punished by imprisonment in the adult correctional institutions for not less than one year nor more than five (5) years, or by a fine of not less than two thousand dollars ($2,000) and not more than five thousand dollars ($5,000), or both, and for every subsequent offense shall be punished by imprisonment for not less three (3) years and not more than ten (10) years, and by a fine of not less than five thousand dollars ($5,000) and not more than ten thousand dollars ($10,000), or both. However, nothing in this section shall apply to a minor dependent of the prostitute.§ 11-34-6: Reputation testimony as evidence
In the trial of any person charged with a violation of § 11-34-5, testimony concerning the reputation of the place where the violation occurred or of persons who frequent or reside in it shall be admissible in evidence in support of the charge.§ 11-34-7: Examination and treatment for venereal disease
Any person convicted for any violation of § 11-34-5 or of any other statute relating to lewd or lascivious behavior or unlawful sexual intercourse, and who shall be confined or imprisoned in any correctional institution for more than ten (10) days, may be examined by the department of health for venereal disease, through duly appointed, licensed physicians as agents. Any person that is examined may be detained until the result of the examination is duly reported. If found with venereal disease in an infectious stage, the person shall be treated, and if a menace to the public, quarantined, in accordance with rules and regulations, not inconsistent with law, of the director of health, who is authorized to formulate and issue them. Refusal to comply with or obey the rules or regulations shall constitute a misdemeanor and be punishable by fine not to exceed two hundred fifty dollars ($250), or by imprisonment not to exceed three (3) months, or both.§ 11-34-8: Loitering for indecent purposes
(a) It shall be unlawful for any person to stand or wander in or near any public highway or street, or any public or private place, and attempt to engage passersby in conversation, or stop or attempt to stop motor vehicles, for the purpose of prostitution or other indecent act, or to patronize, induce, or otherwise secure a person to commit any indecent act. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both.(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.
§ 11-34-8.1: Soliciting from motor vehicles for indecent purposes
(a) It shall be unlawful for any person, while an operator or passenger in a motor vehicle to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent act, or to patronize, induce, or otherwise secure another person to commit any indecent act. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year and a fine of not less than seven hundred fifty dollars ($750) nor more than one thousand five hundred dollars ($1,500). No fine imposed under this section may be suspended.
§ 11-34-8.2: Forfeiture of motor vehicles
(a) The motor vehicle being unlawfully operated as defined in § 11-34-8.1 by a person convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent purposes pursuant to § 11-34-8.1, which vehicle is owned by the operator, may be seized by the law enforcement agency and forfeited at the discretion of the court.(b) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure. The seizing agency shall sell the vehicle and grant the proceeds to the governor's justice commission for the purposes of rehabilitation and job training of those found guilty of prostitution and who are imprisoned. The seizing agency may retain ten percent (10%) of the proceeds of the sale up to a maximum of one hundred dollars ($100), for the purposes of the administration of the sale.
§ 11-34-8.3: Criminal forfeiture procedures
(a) Any criminal complaint charging an offense under §§ 11-34-8.1 or 11-34-8.2 shall set forth with reasonable particularity:(1) Whether the law enforcement agency seeks to have forfeited property pursuant to this section; and
(2) What property the law enforcement agency seeks to have forfeited.
(b) The court may, upon application of the law enforcement agency, enter a restraining order or injunction, require any person claiming any interest in the subject motor vehicle to execute a satisfactory performance bond to the state, or take any other action to preserve the availability of the motor vehicle subject to forfeiture described in § 11-34-8.2 whether prior to or subsequent to the filing of a complaint. Written notice and an opportunity for a hearing shall be afforded to persons appearing to have an interest in the motor vehicle. The hearing is limited to the issues of whether:
(1) There is a substantial probability that the law enforcement agency will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, or otherwise made unavailable for forfeitures; and
(2) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
(c) An order under this section may be entered upon application of the law enforcement agency without notice or opportunity for a hearing when a complaint has not yet been filed with respect to the property if the law enforcement agency demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under § 11-34-8.2 and that provision of notice will jeopardize the availability of the motor vehicle for forfeiture. The order shall expire within ten (10) days of the date on which it is entered unless for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.
(2) A hearing requested by any party in interest concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.
(3) The court may receive and consider, at the hearing held pursuant to this subsection, evidence and information that would be inadmissible in court.
(d) Upon conviction of a person for an offense under § 11-34-8.1, the court may enter a judgment of forfeiture of the property described in §§ 11-34-8.2 and 11-34-8.3 to the city or town and shall also authorize the law enforcement agency to seize the motor vehicle ordered forfeited upon any terms and conditions that the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the law enforcement agency, enter any appropriate orders, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the law enforcement agency in the motor vehicle ordered forfeited.
(e) All right, title, and interest in the motor vehicle described in § 11-34-8.1 vests in the city or town upon the commission of the act giving rise to forfeiture under this section subject to the limitations of § 11-34-8.2. Any such motor vehicle that is subsequently transferred to any person may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the state, unless the transferee establishes in a hearing that he or she is a bona fide purchaser for value of the motor vehicle who at the time of purchase was reasonably without cause to believe that the motor vehicle was subject for forfeiture.
§ 11-34-9: Severability
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.§ 11-34-10: Human Immunodeficiency Virus (HIV)
(a) Any person convicted of a violation of any provisions of this chapter shall be required to be tested for Human Immunodeficiency Virus (HIV). No consent for the testing shall be required.(b) The department of health shall maintain sites for providing both anonymous and confidential HIV testing, and HIV counseling and referral. Each site, funded by the department of health, shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance, offer a sliding scale for payment for all other individuals and, in the case of confidential testing, screen for ability to pay through a third-party insurer. In the case of nonfunded sites for HIV testing, organizations and/or institutions performing the test shall offer free testing, counseling and referral for indigent parties and other individuals without health insurance.
(c) All persons tested under this section shall be provided pre-test and post-test counseling by individuals trained by the department of health, as an HIV testing counselor, in accordance with regulations promulgated by the department of health; provided, that the counseling shall be in accordance with acceptable medical standards.
(d) All persons who are tested under this section, who are determined to be injecting drug users, shall be referred to appropriate sources of substance abuse treatment by the HIV testing counselor and/or the attending practitioner as follows:
(1) Those persons who test positive for HIV infection shall be given priority for those outpatient substance abuse treatment programs that are sponsored or supported by the appropriate state agency responsible for these services.
(2) Those persons who are injecting drug users and test negative for HIV infection shall be referred, by the HIV testing counselor and/or attending practitioner, to the appropriate state agency responsible for these services for earliest possible evaluation and treatment.
§ 11-34-11: Loitering for indecent purposes in or near schools
Any person who violates this section by attempting to engage a person for the purpose of prostitution or other indecent act, or to patronize or induce or otherwise secure a person to commit any indecent act in the building or on the grounds or within three hundred (300) yards of the grounds of a public or private elementary, vocational, or secondary school, shall be punished by a term of imprisonment of not more than one year and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
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