[Ord. No. 932 §10.305, 11-3-1980]
As used in this Article, the following terms mean:
PATRONIZING PROSTITUTION
A person "patronizes prostitution" if:
1.
Pursuant to 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; or
2.
He gives or agrees to give something of value to another person
on an understanding that in return therefor 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.
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;
or
2.
Procures or solicits patrons for prostitution; or
3.
Provides persons or premises for prostitution purposes, or
4.
Operates or assists in the operation of a house of prostitution
or a prostitution enterprise; or
5.
Accepts or receives or agrees to accept or receive something
of value pursuant to an agreement or understanding with any person
whereby 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.
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.
SEXUAL CONDUCT
Occurs when there is:
1.
"Sexual intercourse" which means any penetration,
however slight, of the female sex organ by the male sex organ, whether
or not an emission results; or
2.
"Deviate sexual intercourse" which means any
sexual act involving the genitals of one person and the mouth, tongue
or anus of another person; or
3.
"Sexual contact" which means any touching,
manual or otherwise, of the anus or genitals of one person by another,
done for the purpose of arousing or gratifying sexual desire of either
party.
SOMETHING OF VALUE
Any money or property, or any token, object or article exchangeable
for money or property.
[Ord. No. 932 §10.310, 11-3-1980]
A person commits the offense of prostitution if he performs
an act of prostitution.
[Ord. No. 932 §10.315, 11-3-1980]
A person commits the offense of patronizing prostitution if
he patronizes prostitution.
[Ord. No. 932 §10.320, 11-3-1980]
A. 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:
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.
[Ord. No. 932 §10.325, 11-3-1980]
A. Any
room, building or other structure regularly used for sexual contact
for pay as previously defined or any unlawful prostitution activity
prohibited by this Chapter is a public nuisance.
B. The
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 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.
C. 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.
D. Appeals
shall be allowed from the judgment of the court as in other civil
actions.