Tennessee Prostitution Laws

 

Prostitution is not legal in Tennessee. Tennessee prostitution laws declare the purchase or sale of sex to be illegal. Additionally, promoting prostitution is a criminal offense across the state.

State Guide: U.S. prostitution laws for all 50 states

Prostitution Laws of Tennessee

  • 39-13-512: Prostitution - Definitions
  • 39-13-513: Prostitution
  • 39-13-514: Patronizing prostitution
  • 39-13-515: Promoting prostitution
  • 39-13-516: Aggravated prostitution

Tennessee Prostitution Laws

 

39-13-512: Prostitution - Definitions

As used in §§ 39-13-512 - 39-13-515, unless the context otherwise requires:

(1) "House of prostitution" means any place where prostitution or the promotion of prostitution is regularly carried on by one (1) or more persons under the control, management or supervision of another;

(2) "Inmate" means, within the meaning of this part concerning prostitution, a person who engages in prostitution in or through the agency of a house of prostitution;

(3) "Patronizing prostitution" means soliciting or hiring another person with the intent that the other person engage in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity;

(4) "Promoting prostitution" means:

(A) Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution;

(B) Procuring an inmate for a house of prostitution;

(C) Encouraging, inducing, or otherwise purposely causing another to become a prostitute;

(D) Soliciting a person to patronize a prostitute;

(E) Procuring a prostitute for a patron; or

(F) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)-(E);

(5) "Prostitution" means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and

(6) "Sexual activity" means any sexual relations including homosexual sexual relations.

39-13-513: Prostitution

(a) A person commits an offense under this section who engages in prostitution.

(b) (1) Prostitution is a Class B misdemeanor.

(2) Prostitution committed within one hundred feet (100 ) of a church or within one and one-half (1½) miles of a school, such distance being that established by § 49-6-2101, for state-funded school transportation, is a Class A misdemeanor.

(3) A person convicted of prostitution within one and one-half (1½) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000).

(c) As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).

39-13-514: Patronizing prostitution

(a) A person commits an offense under this section who patronizes prostitution.

(b) (1) Patronizing prostitution is a Class B misdemeanor.

(2) Patronizing prostitution within one hundred feet (100 ) of a church or within one and one-half (1½) miles of a school, such distance being that established by § 49-6-2101, for state-funded school transportation, is a Class A misdemeanor.

(3) A person convicted of patronizing prostitution within one and one-half (1 ½) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000).

(c) As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).

39-13-515: Promoting prostitution

A person commits an offense under this section who promotes prostitution. Promoting prostitution is a Class E felony.

39-13-516: Aggravated prostitution

(a) A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.

(b) For the purposes of this section, "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.

(c) Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed aggravated prostitution.

(d) Aggravated prostitution is a Class C felony.

PDF: Tennessee Prostitution Laws

Rhode Island Prostitution Laws

Is prostitution legal in Rhode Island?

Rhode Island prostitution laws allowed legalized indoor prostitution from 1980 to 2009. Those years saw a dramatic improvement in women’s health and safety metrics throughout the state. The state government has outlawed prostitution and imposed enormous penalties since then.

Rhode Island Prostitution Laws

 

Prostitution Laws of Rhode Island

Indoor prostitution became legal in 1980 as a result of an unintentional legal loophole created by legislators when enacting laws targeting street prostitution. The governor signed new legislation (H 5044/S 0596) to close this loophole on Nov. 3, 2009.

In 2023, Rhode Island legislators passed H.5428, “An Act Relating to Health and Safety - Licensing Health Care Facilities.” This bill expanded the state’s existing Patient Bill of Rights to ensure that healthcare providers cannot discriminate against patients on the basis of source of income or profession.

  • § 11-34.1-1. Definitions
  • § 11-34.1-2. Prostitution
  • § 11-34.1-3. Procurement of sexual conduct for a fee
  • § 11-34.1-4. Loitering for prostitution
  • § 11-34.1-5. Expungement of certain criminal records
  • § 11-34.1-6. Soliciting from motor vehicles for indecent purposes – Forfeiture of motor vehicle
  • § 11-34.1-7. Pandering or permitting prostitution – Not allowed
  • § 11-34.1-8. Venue of pandering or permitting prostitution prosecutions
  • § 11-34.1-9. Spouse as witness in pandering or permitting prostitution
  • § 11-34.1-10. Reputation testimony as evidence
  • § 11-34.1-11. Examination and treatment for venereal disease
  • § 11-34.1-12. Human Immunodeficiency Virus (HIV)
  • § 11-34.1-13. Reporting
  • § 11-34.1-14. Severability

 

§ 11-34.1-1. Definitions

The following words and phrases, when used in this chapter, have the following meanings:

(1) "Sexual conduct" means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital intrusion or intrusion by any object into the genital opening or anal opening of another person's body, or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the sexual desire of either person.

(2) "Commercial sexual activity” means any sexual conduct which is performed or promised in return for a fee.

(3) "Fee” means any thing of monetary value, including but not limited to money, given as consideration for sexual conduct.

§ 11-34.1-2. Prostitution

(a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. 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 to 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.

(c) Any proceeds derived directly from a violation of this section are subject to seizure and forfeiture and further proceedings shall be had for their forfeiture as is prescribed by law in chapter 21 of title 12.

(d) In any prosecution for a violation under this section it shall be an affirmative defense if the accused was forced to commit a commercial sexual activity by:

(1) Being threatened or, subjected to physical harm;

(2) Being physically restrained or threatened to be physically restrained;

(3) Being subject to threats of abuse of law or legal process;

(4) Being subject to destruction, concealment, removal or confiscation, of any passport or other immigration document, or any other actual or purported governmental identification document; or

(5) Being subject to intimidation in which the accused’s physical well being was perceived as threatened.

§ 11-34.1-3. Procurement of sexual conduct for a fee

(a) A person is guilty of procuring or attempting to procure sexual conduct for the payment of a fee if they engage or seek to engage in sexual conduct for any type of fee and/or pay or agree to pay any type of fee for sexual conduct, regardless of the time, place or location of the procurement, attempted procurement, payment, attempted payment or conduct. 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 one year, or to 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 not exceeding one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.

§ 11-34.1-4. Loitering for prostitution

(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 commercial sexual activity. Any person found guilty of the crime of loitering for prostitution shall be subject to a sentence of up to six (6) months incarceration 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 not exceeding one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.

§ 11-34.1-5. Expungement of certain criminal records

(a) Records defined in section 12-1.3-1 of any person convicted, placed on probation, or whose case was filed pursuant to section 12-10-12, for a violation of section 11-34.1-2 or section 11-34.1-4 may be expunged one year after completion of that person’s sentence.

(b) The motion shall be filed in accordance with a chapter 12-1.3 and may be granted in the court’s discretion regardless of the person’s first offender status.

§ 11-34.1-6. Soliciting from motor vehicles for indecent purposes – Forfeiture of motor vehicle.

(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 anycommercial sexual activity. Any person found guilty under this section shall be subject to a sentence of up to six (6) months incarceration or a fine of not less than five hundred dollars ($500) 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 and a fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000). No fine imposed under this section may be suspended.

(c) The motor vehicle being unlawfully operated as defined in this chapter by a person convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent purposes pursuant to this chapter which vehicle is owned by the operator, may be seized by the law enforcement agency and forfeited at the discretion of the court. Any funds received from the forfeiture shall be deposited in the victim's of crimes indemnity fund (VCIF).

§ 11-34.1-7. Pandering or permitting prostitution – Not allowed

(a) It shall be unlawful for any person, by any promise or threat, by abuse of person, or by any other device or scheme, to cause, induce, persuade, or encourage a person to become a prostitute 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 or to come into this state or leave this state for the purpose of prostitution.

(b) It shall be unlawful for any person to knowingly permit, allow, transport or offer or agree to receive any person into any place, structure, house, building, room, or business for the purpose of committing any commercial sexual activity, 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. It shall also be unlawful for 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 commercial sexual activity, from moneys loaned, advanced to, or charged against the prostitute by a landlord, manager, owner of a spa or business or any other place where commercial sexual activity is practiced or allowed, or who shall share in the earnings, proceeds or moneys shall be guilty of the crime of permitting prostitution.

(c) 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).

§ 11-34.1-8. Venue of pandering or permitting prostitution prosecutions

It shall not be a defense to any prosecution of any of the offenses described in this chapter that the offense or any part of the offense shall have been committed outside the state, and any offense described in this chapter 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.

§ 11-34.1-9. Spouse as witness in pandering or permitting prostitution

In any prosecution for any offense under this chapter, any person shall be a competent witness against the offender in relation to any 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 witness during the existence of the marriage or after its dissolution.

§ 11-34.1-10. Reputation testimony as evidence

In the trial of any person charged with a violation of this chapter, 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.

§ 11-34.1-11. Examination and treatment for venereal disease.

Any person convicted for any violation of this chapter 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 a sentence of incarceration of up to three (3) months, or both.

§ 11-34.1-12. 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.

§ 11-34.1-13. Reporting

On or before January 15, 2010, and semi-annually thereafter, each law enforcement agency in this state shall file with the Governor, the AttorneyGeneral, the Speaker of the House of Representatives and the President of the Senate a report concerning the agency's enforcement of this chapter during the preceding six (6) month period. Each semi-annual report shall contain, but need not be limited to, the following information:

(1) The number of persons arrested pursuant to subsection 11-34.1-2(a), subsection 11- 34.1-2(b), section 11-34.1-3, section 11-34.1-4, subsection 11-34.1-6(a), subsection 11-34.1-6(b) and subsection 11-34.1-7 of this chapter;

(2) Of those arrested, the number of persons convicted, placed on probation, whose case is filed pursuant to section 12-10-12, whether those persons pled guilty or nolo contendere or were found guilty after trial by judge or jury;

(3) The fines and/or sentences of those persons identified pursuant to subdivision (2) of this section; and

(4) A summary of the amounts of fines levied and the lengths of sentences identified pursuant to subdivision (3) of this section.

§ 11-34.1-14. Severability

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall 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.

Pennsylvania Prostitution Laws

Is prostitution legal in Pennsylvania?

Pennsylvania prostitution laws define prostitution as engaging in a sex act as a business venture. Prostitution and the solicitation of prostitution are illegal throughout the state.

Pennsylvania Prostitution Laws

 

Prostitution Laws of Pennsylvania

 

§ 5902: Prostitution and related offenses

(a) Prostitution.--A person is guilty of prostitution; a misdemeanor of the third degree, if he or she:

(1) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or

(2) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

(a.1) Grading of offenses under subsection (a).--An offense under subsection (a) constitutes a

(1) Misdemeanor of the third degree when the offense is a first or second offense.

(2) Misdemeanor of the second degree when the offense is a third offense.

(3) Misdemeanor of the first degree when the offense is a fourth or subsequent offense.

(4) Felony of the third degree if the person who committed the offense knew that he or she was human immunodeficiency virus (HIV) positive or manifesting acquired immune deficiency syndrome (AIDS).

(b) Promoting prostitution.--A person who knowingly promotes prostitution of another commits a misdemeanor or felonyas provided in subsection

(c) of this section. The following acts shall, without limitation of the foregoing, constitute promoting prostitution:

(1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business;

(2) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate;

(3) encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute;

(4) soliciting a person to patronize a prostitute;

(5) procuring a prostitute for a patron;

(6) transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent;

(7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or

(8) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.

(c) Grading of offenses under subsection (b).--

(1) An offense under subsection (b) constitutes a felony of the third degree if:

(i) the offense falls within paragraphs (b)(1), (b)(2) or (b)(3);

(ii) the actor compels another to engage in or promote prostitution;

(iii) the actor promotes prostitution of a child under the age of 16 years, whether or not he is aware of the age of the child;

(iv) the actor promotes prostitution of his spouse, child, ward or any person for whose care, protection or support he is responsible; or

(v) the person knowingly promoted prostitution of another who was HIV positive or infected with the AIDS virus.

(2) Otherwise the offense is a misdemeanor of the second degree.

(d) Living off prostitutes.--A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is knowingly supported in whole or substantial part by the proceeds of prostitution is promoting prostitution in violation of subsection (b) of this section.

(e) Patronizing prostitutes.--A person commits the offense of patronizing prostitutes if that person hires a prostitute or any other person to engage in sexual activity with him or her or if that person enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

(e.1) Grading of offenses under subsection (e).--An offense under subsection (e) constitutes a:

(1) Misdemeanor of the third degree when the offense is a first or second offense.

(2) Misdemeanor of the second degree when the offense is a third offense.

(3) Misdemeanor of the first degree when the offense is a fourth or subsequent offense.

(4) Felony of the third degree if the person who committed the offense knew that he or she was human immunodeficiency virus (HIV) positive or manifesting acquired immune deficiency syndrome (AIDS).

(e.2) Publication of sentencing order.--A court imposing a sentence for a second or subsequent offense committed under paragraph (e)shall publish the sentencing order in a newspaper of general circulation in the judicial district in which the court sits, and the court costs imposed on the person sentenced shall include the cost of publishing the sentencing order.

(f) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: "House of prostitution." Any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another. "Inmate." A person who engages in prostitution in or through the agency of a house of prostitution. "Public place." Any place to which the public or any substantial group thereof has access. "Sexual activity." Includes homosexual and other deviate sexual relations.

Oregon Prostitution Laws

Is prostitution legal in Oregon?

Oregon prostitution laws are currently in committee and may be receiving a full overhaul. The new laws will decriminalize both sale and purchase as well as solicitation and promotion. Compelling prostitution will remain on the books.

Oregon Prostitution Laws


 

Prostitution Laws of Oregon

  • 167.002: Definitions for ORS 167.002 to 167.027
  • 167.007: Prostitution
  • 167.012: Promoting prostitution
  • 167.017: Compelling prostitution
  • 167.027: Evidence required to show place of prostitution

 

167.002: Definitions for ORS 167.002 to 167.027

As used in ORS 167.002 to 167.027, unless the context requires otherwise:

(1) "Place of prostitution" means any place where prostitution is practiced.

(2) "Prostitute" means a male or female person who engages in sexual conduct or sexual contact for a fee.

(3) "Prostitution enterprise" means an arrangement whereby two or more prostitutes are organized to conduct prostitution activities.

(4) "Sexual conduct" means sexual intercourse or deviate sexual intercourse.

(5) "Sexual contact" means any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party.

167.007: Prostitution

(1) A person commits the crime of prostitution if:

(a) The person engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or

(b) The person pays or offers or agrees to pay a fee to engage in sexual conduct or sexual contact.

(2) Prostitution is a Class A misdemeanor.

167.012: Promoting prostitution

(1) A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly:

(a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise; or

(b) Induces or causes a person to engage in prostitution or to remain in a place of prostitution; or

(c) Receives or agrees to receive money or other property, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money or other property is derived from a prostitution activity; or

(d) Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.

(2) Promoting prostitution is a Class C felony.

167.017: Compelling prostitution

(1) A person commits the crime of compelling prostitution if the person knowingly:

(a) Uses force or intimidation to compel another to engage in prostitution; or

(b) Induces or causes a person under 18 years of age to engage in prostitution; or

(c) Induces or causes the spouse, child or stepchild of the person to engage in prostitution.

(2) Compelling prostitution is a Class B felony.

167.027: Evidence required to show place of prostitution

(1) On the issue of whether a place is a place of prostitution as defined in ORS 167.002, its general repute and repute of persons who reside in or frequent the place shall be competent evidence.

(2) Notwithstanding ORS 136.655, in any prosecution under ORS 167.012 and 167.017, spouses are competent and compellable witnesses for or against either party.

Oregon Prostitution Law News

Oklahoma Prostitution Laws

Is prostitution legal in Oklahoma?

Oklahoma prostitution laws make it illegal for any person to buy or sell sex or make compensation for promoting prostitution. Even making an appointment to engage in prostitution is illegal across the state.

Oklahoma Prostitution Laws

 

Prostitution Laws of Oklahoma

  • §21 1025: Bawdy house, etc. Penalty
  • §21 1026: Disorderly house
  • §21 1027: Letting building for unlawful purposes
  • §21-1028: Setting up or operating place of prostitution - Ownership - Renting - Procuring - Receiving person for forbidden purpose - Transportation - Receiving proceeds
  • §21 1029: Engaging in prostitution, etc. Soliciting or procuring Residing or being in place for prohibited purpose Aiding, abetting or participating - Child prostitution
  • §21 1030: Definitions
  • §21-1031: Punishment for violations - Fines - Knowingly engaging in prostitution while infected with HIV - Violations within certain distance from school or church

 

§21 1025: Bawdy house, etc. Penalty

Every person who keeps any bawdy house, house of ill fame, of assignation, or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse, or for any other lewd, obscene or indecent purpose, is guilty of a misdemeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense.

§21 1026: Disorderly house

Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.

§21 1027: Letting building for unlawful purposes

Every person who lets any building or portion of any building knowing that it is intended to be used for any purpose declared punishable by this article, or who otherwise permits any building or portion of a building to be so used, is guilty of a misdemeanor.

§21-1028: Setting up or operating place of prostitution - Ownership - Renting - Procuring - Receiving person for forbidden purpose - Transportation - Receiving proceeds

It shall be unlawful in the State of Oklahoma:

(a) To keep, set up, maintain, or operate any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation;

(b) To knowingly own any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance used with the intent of committing an act of lewdness, assignation, or prostitution, or to let, lease, or rent, or contract to let, lease, or rent any such place, premises, or conveyance, or part thereof, to another with knowledge or reasonable cause to believe that the intention of the lessee or rentee is to use such place, premises, or conveyance for prostitution, lewdness, or assignation;

(c) To offer, or to offer to secure, another with the intent of having such person commit an act of prostitution, or with the intent of having such person commit any other lewd or indecent act;

(d) To receive or to offer or agree to receive any person into any house, place, building, other structure, vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation, or to permit any person to remain there with such intent;

(e) To direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the intent of such directing, taking or transporting is prostitution, lewdness or assignation;

(f) To knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution;

(g) To knowingly abet the crime of prostitution by allowing a house, place, building, or parking lot to be used or occupied by a person who is soliciting, inducing, enticing, or procuring another to commit an act of lewdness, assignation, or prostitution or who is engaging in prostitution, lewdness, or assignation on the premises of the house, place, building, or parking lot.

§21 1029: Engaging in prostitution, etc. Soliciting or procuring Residing or being in place for prohibited purpose Aiding, abetting or participating - Child prostitution

A. It shall further be unlawful:

(1. To engage in prostitution, lewdness, or assignation;

(2. To solicit, induce, entice, or procure another to commit an act of lewdness, assignation, or prostitution, with himself or herself;

(3. To reside in, enter, or remain in any house, place, building, or other structure, or to enter or remain in any vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation; or

(4. To aid, abet, or participate in the doing of any of the acts prohibited in paragraph 1, 2 or 3 of this subsection.

B. Any prohibited act described in paragraph 1, 2, 3 or 4 of subsection A of this section committed with a person under sixteen (16) years of age shall be deemed child prostitution, as defined in Section 1030 of this title, and shall be punishable as provided in Section 1031 of this title.

§21 1030: Definitions

As used in the Oklahoma Statutes, unless otherwise provided for by law:

1. "Prostitution" means:

a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or

b. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value;

2. "Child prostitution" means prostitution or lewdness as defined in this section with a person under sixteen (16) years of age, in exchange for money or any other thing of value;

3. "Anal intercourse" means contact between human beings of the genital organs of one and the anus of another;

4. "Cunnilingus" means any act of oral stimulation of the vulva or clitoris;

5. "Fellatio" means any act of oral stimulation of the penis;

6. "Lewdness" means:

a. any lascivious, lustful or licentious conduct,

b. the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, or

c. any act in furtherance of such conduct or any appointment or engagement for prostitution; and

7. "Masturbation" means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

§21-1031: Punishment for violations - Fines - Knowingly engaging in prostitution while infected with HIV - Violations within certain distance from school or church

A. Except as provided in subsection B or C of this section, any person violating any of the provisions of Section 1028, 1029 or 1030 of this title shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year or by fines as follows: a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such provisions, or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours. The court in which any such conviction is had shall notify the county superintendent of public health of such conviction.

B. Any person who engages in an act of prostitution with knowledge that they are infected with the human immunodeficiency virus shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years.

C. Any person who engages in an act of child prostitution, as defined in Section 1030 of this title, shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than ten (10) years and by fines as follows: a fine of not more than Five Thousand Dollars ($5,000.00) upon the first conviction, a fine of not more than Ten Thousand Dollars ($10,000.00) upon the second conviction, and a fine of not more than Fifteen Thousand Dollars ($15,000.00) upon the third or subsequent convictions.

D. Any person violating any of the provisions of Section 1028, 1029 or 1030 of this title within one thousand (1,000) feet of a school or church shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for not more than five (5) years or by fines as follows: a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) upon the first conviction for violation of any of such provisions, a fine of not more than Five Thousand Dollars ($5,000.00) upon the second conviction for violation of any of such provisions, and a fine of not more than Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or subsequent convictions for violation of any of such provisions, or by both such imprisonment and fine. In addition, the court may require a term of community service of not less than forty (40) nor more than eighty (80) hours. The court in which any such conviction is had shall notify the county superintendent of public health of such conviction.

Ohio Prostitution Laws

 

Prostitution is not legal in Ohio. Ohio Prostitution Laws already make sex work illegal, but problematic legislation is currently in committee that would increase punitive anti-prostitution measures. These new laws could increase stigmatization and discrimination.

State Guide: U.S. prostitution laws for all 50 states

Prostitution Laws of Ohio

  • § 2907.21: Compelling prostitution
  • § 2907.23: Procuring
  • § 2907.24: Soliciting; after positive HIV test; driver's license suspension
  • § 2907.241: Loitering to engage in solicitation; solicitation after positive HIV test
  • § 2907.25: Prostitution; after positive HIV test
  • § 2907.26: Rules of evidence in prostitution cases
  • § 2907.27: Testing of accused for venereal diseases and HIV

Ohio Prostitution Laws

 

§ 2907.21: Compelling prostitution

(A) No person shall knowingly do any of the following:

(1) Compel another to engage in sexual activity for hire;

(2) Induce, procure, encourage, solicit, request, or otherwise facilitate a minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor;

(3) Pay or agree to pay a minor, either directly or through the minor's agent, so that the minor will engage in sexual activity, whether or not the offender knows the age of the minor;

(4) Pay a minor, either directly or through the minor's agent, for the minor having engaged in sexual activity, pursuant to a prior agreement, whether or not the offender knows the age of the minor;

(5) Allow a minor to engage in sexual activity for hire if the person allowing the child to engage in sexual activity for hire is the parent, guardian, custodian, person having custody or control, or person in loco parentis of the minor.

(B) Whoever violates this section is guilty of compelling prostitution. Except as otherwise provided in this division, compelling prostitution is a felony of the third degree. If the offender commits a violation of division (A)(1) of this section and the person compelled to engage in sexual activity for hire in violation of that division is less than sixteen years of age, compelling prostitution is a felony of the second degree.

§ 2907.23: Procuring

(A) No person, knowingly and for gain, shall do either of the following:

(1) Entice or solicit another to patronize a prostitute or brothel;

(2) Procure a prostitute for another to patronize, or take or direct another at his or her request to any place for the purpose of patronizing a prostitute.

(B) No person, having authority or responsibility over the use of premises, shall knowingly permit such premises to be used for the purpose of engaging in sexual activity for hire.

C) Whoever violates this section is guilty of procuring, a misdemeanor of the first degree.

§ 2907.24: Soliciting; after positive HIV test; driver's license suspension

(A) No person shall solicit another to engage with such other person in sexual activity for hire.

(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section.

(C) (1) Whoever violates division (A) of this section is guilty of soliciting, a misdemeanor of the third degree.

(2) Whoever violates division (B) of this section is guilty of engaging in solicitation after a positive HIV test. If the offender commits the violation prior to July 1, 1996, engaging in solicitation after a positive HIV test is a felony of the second degree. If the offender commits the violation on or after July 1, 1996, engaging in solicitation after a positive HIV test is a felony of the third degree.

(D) If a person is convicted of or pleads guilty to a violation of any provision of this section, an attempt to commit a violation of any provision of this section, or a violation of or an attempt to commit a violation of a municipal ordinance that is substantially equivalent to any provision of this section and if the person, in committing or attempting to commit the violation, was in, was on, or used a motor vehicle, the court, in addition to or independent of all other penalties imposed for the violation, shall impose upon the offender a class six suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(6) of section 4510.02 of the Revised Code.

§ 2907.241: Loitering to engage in solicitation; solicitation after positive HIV test

(A) No person, with purpose to solicit another to engage in sexual activity for hire and while in or near a public place, shall do any of the following:

(1) Beckon to, stop, or attempt to stop another;

(2) Engage or attempt to engage another in conversation;

(3) Stop or attempt to stop the operator of a vehicle or approach a stationary vehicle;

4) If the offender is the operator of or a passenger in a vehicle, stop, attempt to stop, beckon to, attempt to beckon to, or entice another to approach or enter the vehicle of which the offender is the operator or in which the offender is the passenger;

(5) Interfere with the free passage of another.

(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in conduct in violation of division (A) of this section.

(C) As used in this section:

(1) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code.

(2) "Public place" means any of the following:

(a) A street, road, highway, thoroughfare, bikeway, walkway, sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking lot, or transportation facility;

(b) A doorway or entrance way to a building that fronts on a place described in division (C)(2)(a) of this section;

(c) A place not described in division (C)(2)(a) or (b) of this section that is open to the public. (D) (1) Whoever violates division (A) of this section is guilty of loitering to engage in solicitation, a misdemeanor of the third degree.

(2) Whoever violates division (B) of this section is guilty of loitering to engage in solicitation after a positive HIV test. If the offender commits the violation prior to July 1, 1996, loitering to engage in solicitation after a positive HIV test is a felony of the fourth degree. If the offender commits the violation on or after July 1, 1996, loitering to engage in solicitation after a positive HIV test is a felony of the fifth degree.

§ 2907.25: Prostitution; after positive HIV test

(A) No person shall engage in sexual activity for hire.

(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire. (C) (1) Whoever violates division (A) of this section is guilty of prostitution, a misdemeanor of the third degree.

(2) Whoever violates division (B) of this section is guilty of engaging in prostitution after a positive HIV test. If the offender commits the violation prior to July 1, 1996, engaging in prostitution after a positive HIV test is a felony of the second degree. If the offender commits the violation on or after July 1, 1996, engaging in prostitution after a positive HIV test is a felony of the third degree.

§ 2907.26: Rules of evidence in prostitution cases

(A) In any case in which it is necessary to prove that a place is a brothel, evidence as to the reputation of such place and as to the reputation of the persons who inhabit or frequent it, is admissible on the question of whether such place is or is not a brothel.

(B) In any case in which it is necessary to prove that a person is a prostitute, evidence as to the reputation of such person is admissible on the question of whether such person is or is not a prostitute.

(C) In any prosecution for a violation of sections 2907.21 to 2907.25 of the Revised Code, proof of a prior conviction of the accused of any such offense or substantially equivalent offense is admissible in support of the charge.

(D) The prohibition contained in division (D) of section 2317.02 of the Revised Code against testimony by a husband or wife concerning communications between them does not apply, and the accused's spouse may testify concerning any such communication, in any of the following cases:

(1) When the husband or wife is charged with a violation of section 2907.21 of the Revised Code, and the spouse testifying was the victim of the offense;

(2) When the husband or wife is charged with a violation of section 2907.22 of the Revised Code, and the spouse testifying was the prostitute involved in the offense, or the person transported, induced, or procured by the offender to engage in sexual activity for hire;

(3) When the husband or wife is charged with a violation of section 2907.23 of the Revised Code, and the spouse testifying was the prostitute involved in the offense or the person who used the offender's premises to engage in sexual activity for hire;

(4) When the husband or wife is charged with a violation of section 2907.24 or 2907.25 of the Revised Code.

§ 2907.27: Testing of accused for venereal diseases and HIV

(A) (1) If a person is charged with a violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or 2907.25 of the Revised Code or with a violation of a municipal ordinance that is substantially equivalent to any of those sections, the arresting authorities or a court, upon the request of the prosecutor in the case or upon the request of the victim, shall cause the accused to submit to one or more appropriate tests to determine if the accused is suffering from a venereal disease.

(2) If the accused is found to be suffering from a venereal disease in an infectious stage, the accused shall be required to submit to medical treatment for that disease. The cost of the medical treatment shall be charged to and paid by the accused who undergoes the treatment. If the accused is indigent, the court shall order the accused to report to a facility operated by a city health district or a general health district for treatment. If the accused is convicted of or pleads guilty to the offense with which the accused is charged and is placed under a community control sanction, a condition of community control shall be that the offender submit to and faithfully follow a course of medical treatment for the venereal disease. If the offender does not seek the required medical treatment, the court may revoke the offender's community control and order the offender to undergo medical treatment during the period of the offender's incarceration and to pay the cost of that treatment.

(B) (1) (a) Notwithstanding the requirements for informed consent in section 3701.242 [3701.24.2] of the Revised Code, if a person is charged with a violation of division (B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised Code or with a violation of a municipal ordinance that is substantially equivalent to that division or any of those sections, the court, upon the request of the prosecutor in the case, upon the request of the victim, or upon the request of any other person whom the court reasonably believes had contact with the accused in circumstances related to the violation that could have resulted in the transmission to that person of a virus that causes acquired immunodeficiency syndrome, shall cause the accused to submit to one or more tests designated by the director of health under section 3701.241 of the Revised Code to determine if the accused is a carrier of a virus that causes acquired immunodeficiency syndrome. The court, upon the request of the prosecutor in the case, upon the request of the victim with the agreement of the prosecutor, or upon the request of any other person with the agreement of the prosecutor, may cause an accused who is charged with a violation of any other section of the Revised Code or with a violation of any other municipal ordinance to submit to one or more tests so designated by the director of health if the circumstances of the violation indicate probable cause to believe that the accused, if the accused is infected with the virus that causes acquired immunodeficiency syndrome, might have transmitted the virus to any of the following persons in committing the violation:

(i) In relation to a request made by the prosecuting attorney, to the victim or to any other person;

(ii) In relation to a request made by the victim, to the victim making the request;

(iii) In relation to a request made by any other person, to the person making the request.

(b) The results of a test performed under division (B)(1)(a) of this section shall be communicated in confidence to the court, and the court shall inform the accused of the result. The court shall inform the victim that the test was performed and that the victim has a right to receive the results on request. If the test was performed upon the request of a person other than the prosecutor in the case and other than the victim, the court shall inform the person who made the request that the test was performed and that the person has a right to receive the results upon request. Additionally, regardless of who made the request that was the basis of the test being performed, if the court reasonably believes that, in circumstances related to the violation, a person other than the victim had contact with the accused that could have resulted in the transmission of the virus to that person, the court may inform that person that the test was performed and that the person has a right to receive the results of the test on request. If the accused tests positive for a virus that causes acquired immunodeficiency syndrome, the test results shall be reported to the department of health in accordance with section 3701.24 of the Revised Code and to the sheriff, head of the state correctional institution, or other person in charge of any jail or prison in which the accused is incarcerated. If the accused tests positive for a virus that causes acquired immunodeficiency syndrome and the accused was charged with, and was convicted of or pleaded guilty to, a violation of section 2907.24, 2907.241, or 2907.25 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to any of those sections, the test results also shall be reported to the law enforcement agency that arrested the accused, and the law enforcement agency may use the test results as the basis for any future charge of a violation of division (B) of any of those sections or a violation of a municipal ordinance that is substantially equivalent to division (B) of any of those sections. No other disclosure of the test results or the fact that a test was performed shall be made, other than as evidence in a grand jury proceeding or as evidence in a judicial proceeding in accordance with the Rules of Evidence. If the test result is negative, and the charge has not been dismissed or if the accused has been convicted of the charge or a different offense arising out of the same circumstances as the offense charged, the court shall order that the test be repeated not earlier than three months nor later than six months after the original test.

(2) If an accused who is free on bond refuses to submit to a test ordered by the court pursuant to division (B)(1) of this section, the court may order that the accused's bond be revoked and that the accused be incarcerated until the test is performed. If an accused who is incarcerated refuses to submit to a test ordered by the court pursuant to division (B)(1) of this section, the court shall order the person in charge of the jail or prison in which the accused is incarcerated to take any action necessary to facilitate the performance of the test, including the forcible restraint of the accused for the purpose of drawing blood to be used in the test.

(3) A state agency, a political subdivision of the state, or an employee of a state agency or of a political subdivision of the state is immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with the performance of the duties required under division (B)(2) of this section unless the acts or omissions are with malicious purpose, in bad faith, or in a wanton or reckless manner.

(C) As used in this section, "community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

PDF: Ohio Prostitution Laws


 

News about Prostitution Law in Ohio

North Carolina Prostitution Laws

Is prostitution legal in North Carolina?

North Carolina prostitution laws have remained unchanged since 1919. These laws state that it is a crime to buy, sell, promote, or facilitate any act of prostitution.

North Carolina Prostitution Laws

 

Prostitution Laws of North Carolina

  • § 14 203: Definition of terms
  • § 14 204: Prostitution and various acts abetting prostitution unlawful
  • § 14 204.1: Loitering for the purpose of engaging in prostitution offense
  • § 14 205: Prosecution; in what courts
  • § 14 206: Reputation and prior conviction admissible as evidence
  • § 14 207: Degrees of guilt
  • § 14 208: Punishment; probation; parole Article 27 Prostitution

 

§ 14 203: Definition of terms

The term "prostitution" shall be construed to include the offering or receiving of the body for sexual intercourse for hire, and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire. The term "assignation" shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement.

§ 14 204: Prostitution and various acts abetting prostitution unlawful

It shall be unlawful: (1) To keep, set up, maintain, or operate any place, structure, building or conveyance for the purpose of prostitution or assignation. (2) To occupy any place, structure, building, or conveyance for the purpose of prostitution or assignation; or for any person to permit any place, structure, building or conveyance owned by him or under his control to be used for the purpose of prostitution or assignation, with knowledge or reasonable cause to know that the same is, or is to be, used for such purpose. (3) To receive, or to offer or agree to receive any person into any place, structure, building, or conveyance for the purpose of prostitution or assignation, or to permit any person to remain there for such purpose. (4) To direct, take, or transport, or to offer or agree to take or transport, any person to any place, structure, or building or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution or assignation. (5) To procure, or to solicit, or to offer to procure or solicit for the purpose of prostitution or assignation. (6) To reside in, enter, or remain in any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution or assignation. (7) To engage in prostitution or assignation, or to aid or abet prostitution or assignation by anymeans whatsoever.

§ 14 204.1: Loitering for the purpose of engaging in prostitution offense

(a) For the purposes of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entrance ways to any building which fronts on any of those places, or a motor vehicle in or on any of those places. (b) If a person remains or wanders about in a public place and (1) Repeatedly beckons to, stops, or attempts to stop passers by, or repeatedly attempts to engage passers by in conversation; or (2) Repeatedly stops or attempts to stop motor vehicles; or (3) Repeatedly interferes with the free passage of other persons for the purpose of violating any subdivision of G.S. 14 204 or 14 177, that person is guilty of a Class 1 misdemeanor.

§ 14 205: Prosecution; in what courts

Prosecutions for the violation of any of the provisions of this Article shall be tried in the courts of this State wherein misdemeanors are triable except those courts the jurisdiction of which is so limited by the Constitution of this State that such jurisdiction cannot by statute be extended to include criminal actions of the character herein described.

§ 14 206: Reputation and prior conviction admissible as evidence

In the trial of any person charged with a violation of any of the provisions of this Article, testimony of a prior conviction, or testimony concerning the reputation of any place, structure, or building, and of the person or persons who reside in or frequent the same, and of the defendant, shall be admissible in evidence in support of the charge.

§ 14 207: Degrees of guilt

Any person who shall be found to have committed two or more violations of any of the provisions of G.S. 14 204 of this Article within a period of one year next preceding the date named in an indictment, information, or charge of violating anyof the provisions of such section, shall be deemed guilty in the first degree. Any person who shall be found to have committed a single violation of any of the provisions of such section shall be deemed guilty in the second degree.

§ 14 208: Punishment; probation; parole

Any person who shall be deemed guilty in the first degree, as set forth in G.S. 14 207, shall be guilty of a Class 1 misdemeanor: Provided, that in case of a commitment to a reformatory institution, the commitment shall be made for an indeterminate period of time of not less than one nor more than three years in duration, and the board of managers or directors of the reformatory institution shall have authority to discharge or to place on parole any person so committed after the service of the minimum term or any part thereof, and to require the return to said institution for the balance of the maximum term of any person who shall violate the terms or conditions of the parole. Notwithstanding the previous paragraph, any person who shall be deemed guilty in the first degree, as set forth in G.S. 14 207, shall be guilty of a Class 1 misdemeanor. This paragraph applies only in cities with a population of 300,000 or over, according to the most recent decennial federal census, but shall only apply in a city within that class if the city has adopted an ordinance to that effect, which ordinance makes a finding that prostitution is a serious problem within the city. Any person who shall be deemed guilty in the second degree, as set forth in G.S. 14 207, shall be guilty of a Class 1 misdemeanor: Provided, that the defendant may be placed on probation in the care of a probation officer designated by law, or theretofore appointed by the court. Probation or parole shall be granted or ordered in the case of a person infected with venereal disease only on such terms and conditions as shall insure medical treatment therefor and prevent the spread thereof, and the court may order any convicted defendant to be examined for venereal disease. No girl or woman who shall be convicted under this Article shall be placed on probation or on parole in the care or charge of any person except a woman probation officer.

North Dakota Prostitution Laws

Is prostitution legal in North Dakota?

North Dakota prostitution laws make it a crime for an individual to hire, offer, or agree to hire an individual for the purposes of engaging in a sexual act.

North Dakota Prostitution Laws

 

Prostitution Laws of North Dakota

  • 12.1-29-01: Promoting prostitution
  • 12.1-29-02: Facilitating prostitution
  • 12.1-29-03: Prostitution
  • 12.1-29-04: Testimony of spouse in prostitution offenses
  • 12.1-29-05: Definitions
  • 12.1-29-06: Hiring an individual to engage in sexual activity

 

12.1-29-01: Promoting prostitution

1. A person is guilty of an offense if he:

a. Operates a prostitution business or a house of prostitution;

b. Induces or otherwise intentionally causes another to become engaged in sexual activity as a business; or

c. Knowingly procures a prostitute for a prostitution business or a house of prostitution.

2. The offense is a class C felony if it is under subdivision b or c of subsection 1 or if it is under subdivision a and the actor owns, controls, manages, or otherwise supervises the prostitution business or house of prostitution. Otherwise the offense is a class A misdemeanor.

12.1-29-02: Facilitating prostitution

1. A person is guilty of an offense if he:

a. Knowingly solicits a person to patronize a prostitute;

b. Knowingly procures a prostitute for a patron;

c. Knowingly leases or otherwise permits a place controlled by the actor, alone or in association with others, to be regularly used for prostitution, promoting prostitution, or facilitating prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or taking other legally available means; or

d. Knowingly induces or otherwise intentionally causes anotherto remain a prostitute. A person who is supported in whole or substantial part by the proceeds of prostitution, other than the prostitute or the prostitute's minor child or a person whom the prostitute is required by law to support, is presumed to be knowingly inducing or intentionally causing another to remain a prostitute.

2. The offense is a class C felony if the actor intentionally causes another to remain a prostitute by force or threat, or the prostitute is the actor's spouse, child, or ward, or a person for whose care, protection, or support he is responsible, or the prostitute is, in fact, less than sixteen years old. Otherwise it is a class A misdemeanor.

12.1-29-03: Prostitution

An individual is guilty of prostitution, a class B misdemeanor, if the individual:

1. Is an inmate of a house of prostitution or is otherwise engaged in sexual activity as a business;

2. Solicits another person with the intention of being hired to engage in sexual activity; or 3. Agrees to engage in sexual activity with another for money or other items of pecuniary value.

12.1-29-04: Testimony of spouse in prostitution offenses

Testimony of a person against his or her spouse shall be admissible to prove offenses under this chapter involving that spouse's prostitution.

12.1-29-05: Definitions

In this chapter:

1. A "house of prostitution" is any place where prostitution is regularly carried on by a person under the control, management, or supervision of another.

2. An "inmate" is a prostitute who acts as such in or through the agency of a house of prostitution.

3. A "prostitute" is a person who engages in sexual activity for hire.

4. A "prostitution business" is any business which derives funds from prostitution regularly carried on by a person under the control, management, or supervision of another.

5. "Sexual activity" means sexual act or sexual contact as those terms are defined in section 12.1-20-02.

12.1-29-06: Hiring an individual to engage in sexual activity

An individual who hires or offers or agrees to hire another individual with the intention of engaging in sexual activity is guilty of a class B misdemeanor.

New York Prostitution Laws

Prostitution is not legal in New York. New York prostitution laws have improved over the years with progressive efforts chipping away at the harms of criminalization.

More recently there has been a dangerous effort to rebrand the Nordic Model of prostitution (entrapment model) as the Equality Model. Current legislation threatens to implement this failed system within the US.

State Guide: U.S. prostitution laws for all 50 states

Jump to the bottom of this page to view a downloadable PDF of these New York State Prostitution Laws.

Prostitution Laws of New York

  • 230.00: Prostitution
  • 230.01: Prostitution; affirmative defense
  • 230.02: Patronizing a prostitute; definitions
  • 230.03: Prostitution in a school zone
  • 230.04: Patronizing a prostitute in the third degree
  • 230.05: Patronizing a prostitute in the second degree
  • 230.06: Patronizing a prostitute in the first degree
  • 230.07: Patronizing a prostitute; defense
  • 230.08: Patronizing a person for prostitution in a school zone
  • 230.10: Prostitution and patronizing a prostitute; no defense
  • 230.11: Aggravated patronizing a minor for prostitution in the third degree
  • 230.12: Aggravated patronizing a minor for prostitution in the second degree
  • 230.13: Aggravated patronizing a minor for prostitution in the first degree
  • 230.15: Promoting prostitution; definitions of terms
  • 230.20: Promoting prostitution in the fourth degree
  • 230.25: Promoting prostitution in the third degree
  • 230.30: Promoting prostitution in the second degree
  • 230.32: Promoting prostitution in the first degree
  • 230.33 Compelling prostitution
  • 230.34: Sex trafficking
  • 230.35: Promoting or compelling prostitution; accomplice
  • 230.36: Sex trafficking; accomplice
  • 230.40: Permitting prostitution

 

New York Prostitution Laws

S 230.00: Prostitution

A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual
conduct with another person in return for a fee.

Prostitution is a class B Misdemeanor.

S 230.01: Prostitution; affirmative defense

In any prosecution under section 230.00, section 230.03, section 230.19, section 230.20, subdivision 2 of section 230.25, subdivision 2 of section 230.30 or section 230.34-a of this article, it is an affirmative defense that the defendant’s participation in the offense was a result of having been a victim of compelling prostitution under section 230.33 of this article, a victim of sex trafficking under section 230.34 of this article, a victim of sex trafficking of a child under section 230.34-a of this article or a victim of trafficking in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).

S 230.02: Patronizing a prostitute; definitions

1. A person patronizes a prostitute when:

(a) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or

(b) He pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him; or

(c) He solicits or requests another person to engage in sexual conduct with him in return for a fee.

2. As used in this article, "person who is patronized" means the person with whom the defendant engaged in sexual conduct or was to have engaged in sexual conduct pursuant to the understanding, or the person who was solicited or requested by the defendant to engage in sexual conduct.

S 230.03: Prostitution in a school zone

1. A person is guilty of prostitution in a school zone when, being nineteen years of age or older,
and acting during the hours that school is in session, he or she commits the crime of prostitution
in violation of section 230.00 of this article at a place that he or she knows, or reasonably should
know, is in a school zone, and he or she knows, or reasonably should know, that such act of
prostitution is within the direct view of children attending such school.
2. For the purposes of this section, section 230.08 and section 230.19 of this article, “school
zone” means

(a) in or on or within any building, structure, athletic playing field, playground or land
contained within the real property boundary line of a public or private elementary,
parochial, intermediate, junior high, vocational, or high school, or

(b) any public sidewalk, street, parking lot, park, playground or private land, located
immediately adjacent to the boundary line of such school. Prostitution in a school zone is
a class A misdemeanor.

Solicitation of Prostitution Laws in New York State

S 230.04: Patronizing a prostitute in the third degree

A person is guilty of patronizing a prostitute in the third degree when he or she patronizes a
prostitute [age fourteen and up].

Patronizing a prostitute in the third degree is a class A misdemeanor.

S 230.05: Patronizing a prostitute in the second degree

A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age.

Patronizing a prostitute in the second degree is a class E felony.

S 230.06: Patronizing a prostitute in the first degree

A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age.

Patronizing a prostitute in the first degree is a class D felony.

S 230.07: Patronizing a prostitute; defense

In any prosecution for patronizing a prostitute in the first, second or third degrees, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.

S 230.08: Patronizing a person for prostitution in a school zone

1. A person is guilty of patronizing a person for prostitution in a school zone when, being
twenty-one years old or more, he or she patronizes a person for prostitution and the person
patronized is less than eighteen years old at a place that he or she knows, or reasonably should
know, is in a school zone.

2. For purposes of this section, “school zone” shall mean “school zone” as defined in subdivision
two of section 230.03 of this article.
Patronizing a person for prostitution in a school zone is a class E felony.

S 230.10: Prostitution and patronizing a prostitute; no defense

In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or
prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

1. Such persons were of the same sex; or

2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.

S 230.11: Aggravated patronizing a minor for prostitution in the third degree

A person is guilty of aggravated patronizing a minor for prostitution in the third degree when,
being twenty-one years old or more, he or she patronizes a person for prostitution and the person
patronized is less than seventeen years old and the person guilty of patronizing engages in sexual
intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct as those
terms are defined in section 130.00 of this part, with the person patronized. Aggravated
patronizing a minor for prostitution in the third degree is a class E felony.

S 230.12: Aggravated patronizing a minor for prostitution in the second degree

A person is guilty of aggravated patronizing a minor for prostitution in the second degree when,
being eighteen years old or more, he or she patronizes a person for prostitution and the person
patronized is less than fifteen years old and the person guilty of patronizing engages in sexual
intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct as those
terms are defined in section 130.00 of this part, with the person patronized. Aggravated
patronizing a minor for prostitution in the second degree is a class D felony.

S 230.13: Aggravated patronizing a minor for prostitution in the first degree

A person is guilty of aggravated patronizing a minor for prostitution in the first degree when he
or she patronizes a person for prostitution and the person patronized is less than eleven years old,
or being eighteen years old or more, he or she patronizes a person for prostitution and the person
patronized is less than thirteen years old, and the person guilty of patronizing engages in sexual
intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct as those
terms are defined in section 130.00 of this part, with the person patronized. Aggravated
patronizing a minor for prostitution in the first degree is a class B felony.

Promoting Prostitution Laws in New York State

S 230.15: Promoting prostitution; definitions of terms

The following definitions are applicable to this article:

1. "Advance prostitution." A person "advances prostitution" when, acting other than as a prostitute or as a patron thereof, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

2. "Profit from prostitution." A person "profits from prostitution" when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.

S 230.20: Promoting prostitution in the fourth degree

A person is guilty of promoting prostitution in the fourth degree when he knowingly advances or profits from prostitution.

Promoting prostitution in the fourth degree is a class A misdemeanor.

S 230.25: Promoting prostitution in the third degree

A person is guilty of promoting prostitution in the third degree when he knowingly:

1. Advances or profits from 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 two or more prostitutes, or a business that sells travel-related services knowing that such services include or are intended to facilitate travel for the purpose of patronizing a prostitute, including to a foreign jurisdiction and regardless of the legality of prostitution in said foreign jurisdiction; or

2. Advances or profits from prostitution of a person less than nineteen years old.

Promoting prostitution in the third degree is a class D felony.

S 230.30: Promoting prostitution in the second degree

A person is guilty of promoting prostitution in the second degree when he knowingly:

1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or

2. Advances or profits from prostitution of a person less than sixteen years old.

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

S 230.32: Promoting prostitution in the first degree

A person is guilty of promoting prostitution in the first degree when he knowingly advances or profits from prostitution of a person less than eleven years old.

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

S 230.33: Compelling prostitution

A person is guilty of compelling prostitution when, being twenty-one years of age or older, he or she knowingly advances prostitution by compelling a person less than sixteen years old, by force or intimidation, to engage in prostitution.

Compelling prostitution is a class B felony.

Sex trafficking Laws in New York State

S 230.34: Sex trafficking

A person is guilty of sex trafficking if he or she intentionally advances or profits from prostitution by:

1. Unlawfully providing to a person who is patronized, with intent to impair said person's judgment: (a) a narcotic drug or a narcotic preparation; (b) concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law; (c) methadone; or (d) gamma-hydroxybutyrate (GHB) or flunitrazepan, also known as Rohypnol;

2. Making material false statements, misstatements, or omissions to induce or maintain the person being patronized to engage in or continue to engage in prostitution activity;

3. Withholding, destroying, or confiscating anyactual or purported passport, immigration document, or any other actual or purported government identification document of another person with intent to impair said person's freedom of movement; provided, however, that this subdivision shall not apply to an attempt to correct a social security administration record or immigration agency record in accordance with any local, state, or federal agency requirement, where such attempt is not made for the purpose of any express or implied threat;

4. Requiring that prostitution be performed to retire, repay, or service a real or purported debt;

5. Using force or engaging in any scheme, plan or pattern to compel or induce the person being patronized to engage in or continue to engage in prostitution activity by means of instilling a fear in the person being patronized that, if the demand is not complied with, the actor or another will do one or more of the following:

(a) Cause physical injury, serious physical injury, or death to a person; or

(b) Cause damage to property, other than the property of the actor; or

(c) engage in other conduct constituting a felony or unlawful imprisonment in the second degree in violation of section 135.05 of this chapter; or

(d) Accuse some person of a crime or cause criminal charges or deportation proceedings to be
instituted against some person; provided, however, that it shall be an affirmative defense to this subdivision that the defendant reasonably believed the threatened charge to be true and that his or her sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge; or

(e) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

(g) Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

(h) perform any other act which would not in itself materially benefit the actor but which is calculated to harm the person who is patronized materially with respect to his or her health, safety, or immigration status.

Sex trafficking is a class B felony.

S 230.35: Promoting or compelling prostitution; accomplice

In a prosecution for promoting prostitution or compelling prostitution, a person less than seventeen years of age from whose prostitution activityanother person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice.

S 230.36: Sex trafficking; accomplice

In a prosecution for sex trafficking, a person from whose prostitution activity another person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice.

S 230.40: Permitting prostitution

A person is guilty of permitting prostitution when, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use.

Permitting prostitution is a class B misdemeanor.

New York State Prostitution Laws formatted as a printable PDF


 

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New Jersey Prostitution Laws

Is prostitution legal in New Jersey?

New Jersey prostitution laws state that it is a crime to engage in acts of prostitution by offering or accepting to engage in a sexual act in exchange for compensation.


 

Prostitution Laws of New Jersey

  • 2C:34-1: Prostitution and Related Offenses
  • 2C:34-1.1: Loitering for the purpose of engaging in prostitution

 

New Jersey Prostitution Laws

2C:34-1: Prostitution and Related Offenses

a. As used in this section:

(1) "Prostitution" is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.

(2) "Sexual activity" includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

(3) "House of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.

(4) "Promoting prostitution" is:

(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;

(b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;

(c) Encouraging, inducing, or otherwise purposely causing anotherto become or remain a prostitute;

(d) Soliciting a person to patronize a prostitute;

(e) Procuring a prostitute for a patron;

(f) Transporting a person into or within this State with purpose to promote that person's engaging in prostitution , or procuring or paying for transportation with that purpose; or

(g) Knowinglyleasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution , or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.

b. A person commits an offense if:

(1) The actor engages in prostitution ;

(2) The actor promotes prostitution ;

(3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;

(4) The actor knowingly promotes prostitution of the actor's child, ward, or any other person for whose care the actor is responsible;

(5) The actor compels another to engage in or promote prostitution ;

(6) The actor promotes prostitution of the actor's spouse; or

(7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.

c. Grading of offenses under subsection b.

(1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.

(2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.

(3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.

(4) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree. In addition, where a motor vehicle was used in the
commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver's license issued by this State. Upon conviction, the court shall immediately collect the offender's driver's license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.

d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.

e. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8).

2C:34-1.1: Loitering for the purpose of engaging in prostitution

a. As used in this section, "public place" means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

b. A person commits a disorderly persons offense if he:

(1) wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.2C:34-1; and

(2) engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.2C:34-1.

c. Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, conduct such as the following:

(1) Repeatedly beckoning to or stopping pedestrians or motorists in a public place;

(2) Repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;

(3) Repeatedly stopping or attempting to stop motor vehicles.

d. The element described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.

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