| A person commits the offense of prostitution when he or she knowingly offers to engage, agrees to engage, or engages in sexual conduct for money with another person. A person also commits the offense of prostitution when he or she knowingly solicits another person in a public place to engage in sexual conduct for money.
Sexual conduct for the purposes of the offense of prostitution includes sexual intercourse, deviate sexual intercourse, or sexual contact. Sexual intercourse is the penetration of the female sexual organ by the male sexual organ. Deviate sexual intercourse is contact between the genitals and the mouth or anus of another person. Sexual contact is the touching of the anus, breast, or the genitals of another person with the intent to arouse or to gratify sexual desires.
An indictment or an information charging a defendant with the offense of prostitution must allege the type of sexual conduct that is involved. However, the indictment or the information does not need to allege the manner of committing the sexual conduct.
In order to convict a defendant of prostitution, the prosecution must prove that the defendant received money from another person for the sexual conduct, that the defendant paid money for the sexual conduct, or that the defendant solicited or hired another person in a public place to engage in the sexual conduct. In other words, both parties to the sexual conduct may be prosecuted for the offense. However, unless the defendant conditioned the sexual conduct on the payment of money, the defendant is not guilty of the offense of prostitution.
The words "offer" and "solicit" for purposes of prostitution have an ordinary meaning. The words can mean an initial raising of the subject of sexual conduct for money or subsequent negotiations regarding the sexual conduct. Testimony of a party to the offense of prostitution does not need to be corroborated in a conviction for prostitution.
The offense of prostitution is normally punished as a misdemeanor. However, if a defendant has been previously convicted of the offense, the offense may be punished as a felony.
A person commits the offense of pimping or pandering if he or she receives money or other property under an agreement to participate in the proceeds of prostitution or if he or she solicits another person to engage in sexual conduct with a third person for money.
Where a defendant is charged with participating in the proceeds of prostitution, the prosecution does not need to prove that the defendant solicited or procured others to engage in sexual conduct. The prosecution only needs to prove that the defendant received money or other property that represented the proceeds of prostitution.
The offense of pimping and pandering may be aggravated when a person knowingly owns, finances, or controls a prostitution enterprise. A prostitution enterprise is a plan or a design for a venture in which two or more persons offer to, agree to, or engage in sexual conduct for money. The offense of aggravated pimping and pandering is aimed at persons who are involved in the ongoing business of prostitution as managers or investors.
The offense of pimping and pandering is normally punished as a misdemeanor. The offense of aggravated pimping and pandering is normally punished as a felony. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |