Chapter 37 - Prostitution

Chapter 37 - Prostitution

46.3701 Definitions.


As used in this chapter:

(a) Patronizes prostitution: a person "patronizes prostitution" if:

(1) under a prior understanding, he gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another;

(2) he gives or agrees to give something of value to another person on an understanding that in return there for that person or a third person will engage in sexual conduct with him or with another; or

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

(b) Promoting prostitution: a person "promotes prostitution" if, acting other than as a prostitute or a patron of a prostitute, he knowingly:

(1) causes or aids a person to commit or engage in prostitution;

(2) procures or solicits patrons for prostitution;

(3) provides persons or premises for prostitution purposes;

(4) operates or assists in the operation of a house of prostitution or a prostitution enterprise;

(5) accepts or receives or agrees to accept or receive something of value under an agreement or understanding with any person where he participates or is to participate in proceeds of prostitution activity; or

(6) engages in any conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.

(c) Prostitution: a person commits "prostitution" if he 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 person;

(d) "Sexual conduct" occurs when there is:

(1) "sexual intercourse" which has the meaning specified in subsection (c) of 46.3601;

(2) "deviate sexual intercourse" which has the meaning specified in subsection (a) of 46.3601;

(3) "sexual contact" which has the meaning specified in subsection (b) of 46.3601.

(e) "Something of value" means any money or property, or any token, object or article exchangeable for money or property.

46.3702 Prostitution.


(a) A person commits the crime of prostitution if he performs an act of prostitution.

(b) Prostitution is a class B misdemeanor.

46.3703 Patronizing prostitution.


(a) A person commits the crime of patronizing prostitution if he patronizes prostitution.

(b) Patronizing prostitution is a class B misdemeanor.

46.3704 Prostitution and patronizing prostitution-Sex of parties no defense when.


In any prosecution for prostitution or patronizing a prostitute, the sex of the 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.

46.3705 Promoting prostitution in the first degree.


(a) A person commits the crime of promoting prostitution in the first degree if he knowingly:

(1) promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution; or

(2) promotes prostitution of a person less than 16 years old.

(b) The term "compelling" includes:

(1) the use of forcible compulsion;

(2) the use of a drug or intoxicating substance to render a person incapable of controlling his conduct or appreciating its nature; or

(3) withholding or threatening to withhold dangerous drugs or a narcotic from a drug dependent person.

(c) Promoting prostitution in the first degree is a class B felony.

46.3706 Promoting prostitution in the second degree.


(a) A person commits the crime of promoting prostitution in the second degree if he know-ingly promotes prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more prostitutes.

(b) Promoting prostitution in the second degree is a class C felony.

46.3707 Prostitution houses considered public nuisances.


(a) Any room, building or other habitable structure regularly used for sexual conduct for pay as defined in 46.3701 or any unlawful prostitution activity prohibited by this chapter is a public nuisance.

(b) The Attorney General 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 habitable structure knew or had reason to believe that the premises were being used regularly for sexual conduct for pay or unlawful prostitution activity, the court may order that the premises may not be occupied or used for a period as the court may determine, not to exceed 1 year.

(c) All persons, including owners, lessees, officers, agents, inmates, or employees, aiding or facilitating that nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any sexual conduct for pay or unlawful prostitution activity anywhere within the territory.