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;
- 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.
- 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. Any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
- 2. Deviate sexual intercourse. Any sexual act involving the genitals of one (1) person and the mouth, hand, tongue or anus of another person.
- 3. Sexual contact. Any touching, manual or otherwise, of the anus or genitals of one (1) 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.
A person commits the offense of patronizing prostitution if he/she patronizes prostitution.
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.
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:
Any room, building or other structure regularly used for sexual contact for pay as defined in Section 210.430 or any unlawful prostitution activity prohibited by this Article is a public nuisance.
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.
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.
Appeals shall be allowed from the judgment of the court as in other civil actions.
A person commits the offense of indecent exposure (sexual misconduct) if such person:
Exposes his/her genitals under circumstances in which he/she knows that his/her conduct is likely to cause affront or alarm;
Has sexual contact in the presence of a third (3rd) person or persons under circumstances in which he/she knows that such conduct is likely to cause affront or alarm; or
Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third (3rd) person.