New Mexico Prostitution Laws

Is prostitution legal in New Mexico?

New Mexico prostitution laws define the crime of prostitution as engaging in or offering to engage in any sex act in exchange for compensation. While it is a crime to either buy or sell sex, only people who sell sex can actually be convicted of prostitution.

New Mexico Prostitution Laws

 

Prostitution Laws of New Mexico

  • 30-9-2: Prostitution
  • 30-9-3: Patronizing prostitutes
  • 30-9-4: Promoting prostitution
  • 30-9-4.1: Accepting earnings of a prostitute
  • 30-9-5: Order for medical examination and treatment
  • 30-9-6: Testimony of witnesses to prostitution and lewdness
  • 30-9-7: Evidence
  • 30-9-8: House of prostitution; public nuisance
  • 30-9-9: Remedy of lessor

 

30-9-2: Prostitution

Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section "sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to anyextent and with any object of the genital or anal opening of another, whether or not there is any emission. Whoever commits prostitution is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.

30-9-3: Patronizing prostitutes

Patronizing prostitutes consists of:

A. entering or remaining in a house of prostitution or any other place where prostitution is practiced, encouraged or allowed with intent to engage in a sexual act with a prostitute; or

B. knowingly hiring or offering to hire a prostitute, or one believed by the offeror to be a prostitute, to engage in a sexual act with the actor or another. As used in this section, "a sexual act" means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or an anal opening of another whether or not there is any emission. Whoever commits patronizing prostitutes is guilty of a petty misdemeanor, unless such crime is a second or subsequent conviction, in which case such person is guilty of a misdemeanor.

30-9-4: Promoting prostitution

Promoting prostitution consists of any person, acting other than as a prostitute or patron of a prostitute:

A. knowinglyestablishing, owning, maintainingormanaging a house of prostitution or a placewhere prostitution is practiced, encouraged or allowed, or participating in the establishment, ownership, maintenance or management thereof;

B. knowingly entering into any lease or rental agreement for any premises which a person partially or wholly owns or controls, knowing that such premises are intended for use as a house of prostitution or as a place where prostitution is practiced, encouraged or allowed;

C. knowingly procuring a prostitute for a house of prostitution or for a place where prostitution is practiced, encouraged or allowed;

D. knowingly inducing another to become a prostitute;

E. knowingly soliciting a patron for a prostitute or for a house of prostitution or for any place where prostitution is practiced, encouraged or allowed;

F. knowingly procuring a prostitute for a patron and receiving compensation therefor;

G. knowingly procuring transportation for, paying for the transportation of or transporting a person within the state with the intention of promoting that person's engaging in prostitution;

H. knowingly procuring through promises, threats, duress or fraud any person to come into the state or causing a person to leave the state for the purpose of prostitution; or

I. under pretense of marriage, knowingly detaining a person or taking a person into the state or causing a person to leave the state for the purpose of prostitution. Whoever commits promoting prostitution is guilty of a fourth degree felony.

30-9-4.1: Accepting earnings of a prostitute

Accepting the earnings of a prostitute consists of accepting, receiving, levying or appropriating money or anything of value, without consideration, from the proceeds of the earnings of a person engaged in prostitution with the knowledge that the person is engaged in prostitution and that the earnings are derived from engaging in prostitution, or knowingly owning or knowingly managing a house or other place where prostitution is practiced or allowed and living or deriving support or maintenance, in whole or in part, from the earnings or proceeds of a person engaged in prostitution at that house or place. Whoever commits accepting the earnings of a prostitute is guilty of a fourth degree felony.

30-9-5: Order for medical examination and treatment

In addition to its general sentencing authority, the court may order any defendant convicted of prostitution or patronizing prostitutes to be examined for venereal disease and shall sentence any diseased defendant to submit to medical treatment until he is discharged from treatment as noninfectious. If the defendant is without funds to pay for medical treatment, it shall be provided by the state department of public health [department of health].

30-9-6: Testimony of witnesses to prostitution and lewdness

In any investigation, proceeding, preliminary hearing or trial before any court, magistrate or grand jury concerning a violation of or an attempt to commit any crime in violation of Sections 9-11, 9-12 and 9-13 [ 30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article, no person shall be excused from giving testimony or producing documentary or other evidence material to such investigation, proceeding, preliminary hearing or trial on the ground that the testimony or evidence required of him is incriminating evidence; provided that, any person who is so subpoenaed and ordered to testify or produce evidence concerning such crimes shall be immune to prosecution or conviction for any violation of such crimes about which he may testify.

30-9-7: Evidence

In any proceeding under Article 9 [ 30-9-1 to 30-9-9 NMSA 1978] or action to abate a public nuisance under Article 8 [ 30-8-1 to 30-8-4, 30-8-8 to 30-8-13 NMSA 1978], testimony about the following circumstances is admissible in evidence: A. the general reputation of the place; B. the reputation of the persons who reside in or frequent the place; C. the frequency, timing and length of visits by nonresidents; and D. prior convictions of the defendant or persons who reside in or frequent the place under Sections 9-11, 9-12 and 9-13 [ 30-9-2, 30-9-3 and 30-9-4 NMSA 1978] of this article or Sections 40-34-1 through 40-34-5 New Mexico Statutes Annotated, 1953 Compilation, or of any other offense of like nature wherever committed.

30-9-8: House of prostitution; public nuisance

As used in this section "house of prostitution" means a building, enclosure or place that is used for the purpose of prostitution as that crime is defined in Section 30-9-2 NMSA 1978. A house of prostitution is a public nuisance per se.

30-9-9: Remedy of lessor

If the lessee of property has been convicted of using it as a house of prostitution, or if the property has been adjudged to constitute a public nuisance for that reason, the lease by which the property is held is voidable by the lessor. The lessor shall have the same remedies for regaining possession as in the case of a tenant holding over his term.

New Hampshire Prostitution Laws

Is prostitution legal in New Hampshire?

New Hampshire prostitution laws make sex work illegal throughout the state. Recent legislative efforts attempted to decriminalize sex work in the state. Those efforts were not successful.

New Hampshire Prostitution Laws

 

Prostitution Laws of New Hampshire

645:2: Prostitution and Related Offenses

I. A person is guilty of a misdemeanor if the person:

(a) Solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration; or

(b) Induces or otherwise purposely causes another to violate subparagraph (a); or

(c) Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or

(d) Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or

(e) Knowingly permits a place under such person's control to be used for violation of subparagraph (a); or

(f) Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person.

II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), or (e) of paragraph I and the violation: (a) Involves another person who is under the age of 18; or (b) Involved compelling another person by force or intimidation.

III. A person is guilty under this section regardless of the sex of the persons involved.

Nebraska Prostitution Laws

Is prostitution legal in Nebraska?

Nebraska prostitution laws state that engaging in sexual acts in exchange for a fee is a criminal act. Both prostitution and solicitation are illegal across the state.

Nebraska Prostitution Laws

 

Prostitution Laws of Nebraska

  • Section 28-801: Prostitution; penalty
  • Section 28-801.01: Solicitation of prostitution; penalty
  • Section 28-802: Pandering; penalty
  • Section 28-803: Pandering; evidence
  • Section 28-804: Keeping a place of prostitution; penalty
  • Section 28-804.01: Prostitution cases; incriminating testimony; how treated

 

Section 28-801: Prostitution; penalty

(1) Any person who performs, offers, or agrees to perform any act of sexual penetration, as defined in subdivision (6) of section 28-318, with any person not his or her spouse in exchange for money or other thing of value commits prostitution.

(2) Prostitution is a Class I misdemeanor.

Section 28-801.01: Solicitation of prostitution; penalty

(1) Any person who solicits another person not his or her spouse to perform any act of sexual contact or sexual penetration, as those terms are defined in section 28-318, in exchange for money or other thing of value, commits solicitation of prostitution.

(2) Any person convicted of violating subsection (1) of this section shall be punished as follows:

(a) If such person has had no prior convictions, such person shall be guilty of a Class I misdemeanor and pay a fine of not less than two hundred fifty dollars. If the court places such person on probation, such order of probation shall include, as one of its conditions, the payment of a fine of not less than two hundred fifty dollars and such person shall satisfactorily attend and complete an appropriate mental health and substance abuse assessment conducted by a licensed mental health professional or substance abuse professional authorized to complete such assessment; and

(b) If such person has had one or more prior convictions, such person shall be guilty of a Class IV felony and pay a fine of not less than five hundred dollars. If the court places such person on probation, such order of probation shall include, as one of its conditions, the payment of a fine of not less than five hundred dollars and such person shall satisfactorily attend and complete an appropriate mental health and substance abuse assessment conducted by a licensed mental health professional or substance abuse professional authorized to complete such assessment.

Section 28-802: Pandering; penalty

(1) A person commits pandering if such person:

(a) Entices another person to become a prostitute; or

(b) Procures or harbors therein an inmate for a house of prostitution or for any place where prostitution is practiced or allowed; or

(c) Inveigles, entices, persuades, encourages, or procures any person to come into or leave this state for the purpose of prostitution or debauchery; or

(d) Receives or gives or agrees to receive or give any money or other thing of value for procuring or attempting to procure any person to become a prostitute or commit an act of prostitution or come into this state or leave this state for the purpose of prostitution or debauchery.

(2) Pandering is a Class IV felony.

Section 28-803: Pandering; evidence

(1) Any person referred to in section 28-802 shall be a competent witness in any prosecution thereunder to testify to any and all matters, including conversation with the accused, or by the accused with third persons, in his presence, notwithstanding having married the accused either before or after the violation of any of the provisions of such section; and the act and state of marriage shall not be a defense to any violation of such section.

(2) Pandering shall be an exception to the husband-wife privilege as provided in section 27-505.

Section 28-804: Keeping a place of prostitution; penalty

(1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who knowingly grants or permits the use of such place for the purpose of prostitution commits the offense of keeping a place of prostitution.

(2) Keeping a place of prostitution is a Class I misdemeanor.

Section 28-804.01: Prostitution cases; incriminating testimony; how treated

In all cases arising under sections 28-801 to 28-804, no person shall be excused from testifying against another person by reason of such testimony tending to incriminate the person testifying, but the testimony so given, unless voluntary, shall in no case be used against the person so testifying in any criminal prosecution or otherwise.

Nevada Prostitution Laws

Nevada is the only US state where prostitution is legal under specific circumstances. As of September 2023, there are 19 brothels legally operating in Nevada. While legal prostitution is permitted in 10 of the 17 Nevada counties, only 6 counties currently have at least one legal brothel in operation.

How many legal brothels in Nevada?

There are currently 19 legal brothels in Nevada operating in these 6 counties:
• 7 in Elko County
• 4 in Lyon County
• 4 in Nye County
• 2 in White Pine County
• 1 in Lander County
• 1 in Storey County

There are currently 4 Nevada counties where prostitution is legally permitted but there are no brothels in operation at this time: Churchill County, Esmeralda County, Humboldt County, and Mineral County

Nevada Prostitution Laws

Prostitution Laws of Nevada

Jump to the bottom of this list to view a downloadable PDF of these Nevada State Prostitution Laws.

  • NRS 41.1397: Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus
  • NRS 201.295: Definitions
  • NRS 201.300: Pandering: Definition; penalties; exception
  • NRS 201.310: Pandering: Placing spouse in brothel; penalties
  • NRS 201.320: Living from earnings of prostitute; penalty
  • NRS 201.330: Pandering: Detaining person in brothel because of debt; penalties
  • NRS 201.340: Pandering: Furnishing transportation; penalties
  • NRS 201.350: Venue for trial of offenses constituting pandering
  • NRS 201.354: Engaging in prostitution or solicitation for prostitution: Penalty; exception
  • NRS 201.356: Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test
  • NRS 201.358: Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty; definition
  • NRS 201.360: Placing person in house of prostitution; penalties
  • NRS 201.380: Restriction on location of houses of ill fame; penalty
  • NRS 201.390: Property on principal business streets not to be rented for purposes of prostitution; penalty
  • NRS 201.400: General reputation competent evidence
  • NRS 201.410: Duties of sheriff and district attorney; failure to act; penalty
  • NRS 201.420: Keeping disorderly house; penalty
  • NRS 201.430: Unlawful advertising of prostitution; penalties
  • NRS 201.440: Unlawful to permit illegal advertising of houses of prostitution; penalties
  • NRS 244.345: Dancing halls, escort services, entertainment by referral services and gambling games or devices; limitation on licensing of houses of prostitution
  • NAC 441A.800: Testing of prostitutes; prohibition of certain persons from employment as prostitute
  • NAC 441A.802: Screening and confirmatory test for human immunodeficiency virus by a medical laboratory: Requirements
  • NAC 441A.805: Use of latex prophylactic required
  • NAC 441A.810: House of prostitution required to post health notice
  • NAC 441A.815: Person in charge of house of prostitution: Report of presence of communicable disease required; cooperation with health authority required

 

Nevada State Prostitution Laws formatted as a printable PDF


 

NRS 41.1397: Liability of owner or operator of house of prostitution for employment of prostitute tested positive for exposure to human immunodeficiency virus

An owner of a house of prostitution, the person who operates the house or his agent who employs or continues to employ a prostitute after he knows or should know that the prostitute has tested positive in a test approved by regulation of the State Board of Health for exposure to the human immunodeficiency virus, is liable for any damages caused to a person exposed to the virus as a result of the employment.

NRS 201.295: Definitions

As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:

1. "Adult" means a person 18 years of age or older.

2. "Child" means a person less than 18 years of age.

3. "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

4. "Prostitution" means engaging in sexual conduct for a fee.

5. "Sexual conduct" means any of the acts enumerated in subsection 3.

NRS 201.300: Pandering: Definition; penalties; exception

1. A person who: (a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution; (b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed; (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; (d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse; (e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or any other person; or (f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution, is guilty of pandering.

2. A person who is found guilty of pandering: (a) An adult: (1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130. (2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130. (b) A child: (1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000. (2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a categoryB felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.

3. This section does not apply to the customer of a prostitute.

NRS 201.310: Pandering: Placing spouse in brothel; penalties

1. A person who by force, fraud, intimidation or threats, places, or procures any other person to place, his spouse in a house of prostitution or compels his spouse to lead a life of prostitution is guilty of pandering and shall be punished: (a) Where physical force or the immediate threat of physical force is used upon the spouse, for a category C felony as provided in NRS 193.130. (b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

2. Upon the trial of any offense mentioned in this section, either spouse is a competent witness for or against the other spouse, with or without the other's consent, and may be compelled to testify.

NRS 201.320: Living from earnings of prostitute; penalty

1. A person who knowingly accepts, receives, levies or appropriates any money or other valuable thing, without consideration, from the proceeds of any prostitute, is guilty of a categoryD felony and shall be punished as provided in NRS 193.130.
2. Any such acceptance, receipt, levy or appropriation of money or valuable thing upon any proceedings or trial for violation of this section, is presumptive evidence of lack of consideration.

NRS 201.330: Pandering: Detaining person in brothel because of debt; penalties

1. A person who attempts to detain another person in a disorderly house or house of prostitution because of any debt or debts the other person has contracted or is said to have contracted while living in the house is guilty of pandering.

2. A person who is found guilty of pandering: (a) An adult: (1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130. (2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130. (b) A child: (1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000. (2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.

NRS 201.340: Pandering: Furnishing transportation; penalties

1. A person who knowingly transports or causes to be transported, by any means of conveyance, into, through or across this state, or who aids or assists in obtaining such transportation for a person with the intent to induce, persuade, encourage, inveigle, entice or compel that person to become a prostitute or to continue to engage in prostitution is guilty of pandering.

2. A person who is found guilty of pandering: (a) An adult: (1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130. (2) If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony and shall be punished as provided in NRS 193.130. (b) A child: (1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000. (2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a categoryB felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.

3. A person who violates subsection 1 may be prosecuted, indicted, tried and convicted in any county or city in or through which he transports or attempts to transport the person.

NRS 201.350: Venue for trial of offenses constituting pandering

It shall not be a defense to a prosecution for any of the acts prohibited in NRS 201.300 to 201.340, inclusive, that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.

NRS 201.354: Engaging in prostitution or solicitation for prostitution: Penalty; exception

1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

2. Any person who violates subsection 1 is guilty of a misdemeanor.

NRS 201.356: Test for exposure to human immunodeficiency virus required; payment of costs; notification of results of test

1. Any person who is arrested for a violation of NRS 201.354 must submit to a test, approved by regulation of the State Board of Health, to detect exposure to the human immunodeficiency virus. The State Board of Health shall not approve a test for use that does not provide the arresting law enforcement agency with the results of the test within 30 days after a person submits to the test. If the person is convicted of a violation of NRS 201.354, he shall pay the sum of $100 for the cost of the test.

2. The person performing the test shall immediately transmit the results of the test to the arresting law enforcement agency. If the results of the test are negative, the agency shall inform the court of that fact. If the results of the test are positive, the agency shall upon receipt: (a) Mail the results by certified mail, return receipt requested, to the person arrested at his last known address and place the returned receipt in the agency's file; or (b) If the person arrested is in the custody of the agency, personally deliver the results to him and place an affidavit of service in the agency's file. If before receiving the results pursuant to this subsection, the person arrested requests the agency to inform him of the results and the agency has received those results, the agency shall deliver the results to him, whether positive or negative, and place an affidavit of service in the agency's file.

3. The court shall, when the person arrested is arraigned, order the person to reappear before the court 45 days after the arraignment to determine whether the person has received the results of the test. The court shall inform the person that his failure to appear at the appointed time will result in the issuance of a bench warrant, unless the order is rescinded pursuant to this subsection. If the court is informed by the agency that the results of the person's test were negative, the court clerk shall rescind the order for his reappearance and so notify the person. If, upon receiving notice from the agency that the results of the test were positive, the person notifies the court clerk in writing that he has received the results, the clerk shall inform the court and rescind the order for his reappearance for that determination.

4. The court shall, upon the person's reappearance ordered pursuant to subsection 3, ask him whether he has received the results of the test. If the person answers that he has received them, the court shall note his answer in the court records. If the person answers that he has not received them, the court shall have the results delivered to him and direct that an affidavit of service be placed in the agency's file.

5. If the person does not reappear as ordered and has not notified the court clerk of his receipt of the results of the test in the manner set forth in subsection 3, the court shall cause a bench warrant to be issued and that person arrested and brought before the court as upon contempt. The court shall also proceed in the manner set forth in subsection 4 to ensure that the person receives the results of the test.

NRS 201.358: Engaging in prostitution or solicitation for prostitution after testing positive for exposure to human immunodeficiency virus: Penalty;

definition 1. A person who: (a) Violates NRS 201.354; or (b) Works as a prostitute in a licensed house of prostitution, after testing positive in a test approved by the State Board of Health for exposure to the human immunodeficiency virus and receiving notice of that fact is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

2. As used in this section, "notice" means: (a) Actual notice; or (b) Notice received pursuant to NRS 201.356.

NRS 201.360: Placing person in house of prostitution; penalties

1. A person who: (a) Places another in the charge or custody of a third person with the intent that the other person engage in prostitution or who compels the other person to reside with him or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution; (b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere a person for the purpose of causing that person to cohabit with someone who is not the person's spouse; (c) Gives, offers or promises any compensation, gratuity or reward, to procure a person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person's will; (d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor's being or remaining in any house of prostitution; (e) Lives with or accepts any earnings of a common prostitute, or entices or solicits a person to go to a house of prostitution to engage in sexual conduct with a common prostitute; (f) Decoys, entices, procures or in any manner induces a person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or (g) Decoys, entices, procures or in anymanner induces a person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution, is guilty of a felony.

2. A person who violates the provisions of subsection 1 shall be punished: (a) Where physical force or the immediate threat of physical force is used upon the other person, for a category C felony as provided in NRS 193.130. (b) Where no physical force or immediate threat of physical force is used, for a category D felony as provided in NRS 193.130.

NRS 201.380: Restriction on location of houses of ill fame; penalty

1. It shall be unlawful for any owner, or agent of any owner, or any other person to keep any house of ill fame, or to let or rent to any person whatever, for any length of time whatever, to be kept or used as a house of ill fame, or resort for the purposes of prostitution, any house, room or structure situated within 400 yards of any schoolhouse or schoolroom used by any public or common school in the State of Nevada, or within 400 yards of any church, edifice, building or structure erected for and used for devotional services or religious worship in this state.

2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.

NRS 201.390: Property on principal business streets not to be rented for purposes of prostitution; penalty

1. It is unlawful for any owner or agent of any owner or any other person to keep, let or rent for any length of time, or at all, any house fronting on the principal business street or thoroughfare of any of the towns of this state, for the purpose of prostitution or to make or use any entrance or exit way to any house of prostitution from the principal business street or thoroughfare of any of the towns of this state.

2. Any person violating the provisions of subsection 1 shall be punished by a fine of not more than $500.

NRS 201.400: General reputation competent evidence

In the trial of all cases arising under the provisions of NRS 201.380 and 201.390, evidence of general reputation is competent evidence as to the question of the ill fame of any house alleged to be so kept, and to the question of the ill fame of any person.

NRS 201.410: Duties of sheriff and district attorney; failure to act; penalty

The district attorney and sheriff of each county in this state shall see that the provisions of NRS 201.380 are strictly enforced and carried into effect, and upon neglect so to do, they, or either of them, shall be deemed guilty of a misdemeanor in office and may be proceeded against by accusation as provided in chapter 283 of NRS.

NRS 201.420: Keeping disorderly house; penalty

Any person who shall keep any disorderly house, or any house of public resort, by which the peace, comfort or decency of the immediate neighborhood, or of any family thereof, is habitually disturbed, or who shall keep any inn in a disorderly manner, is guilty of a misdemeanor.

NRS 201.430: Unlawful advertising of prostitution; penalties

1. It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution: (a) In any public theater, on the public streets of any city or town, or on any public highway; or (b) In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.

3. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain anysuch information, constitutes prima facie evidence of advertising for the purposes of this section.

4. Any person, company, association or corporation violating the provisions of this section shall be punished: (a) Forthe first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000. (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

NRS 201.440: Unlawful to permit illegal advertising of houses of prostitution; penalties

1. In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his place of business.

2. Any person, company, association or corporation that violates the provisions of this section shall be punished: (a) Forthe first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment. (b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000. (c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.

NRS 244.345: Dancing halls, escort services, entertainment byreferral services and gambling games or devices; limitation on licensing of houses of prostitution

1. Every natural person wishing to be employed as an entertainer for an entertainment by referral service and every natural person, firm, association of persons or corporation wishing to engage in the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must: (a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board. (b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting. The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.

2. The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.

3. The license board may, without further compensation to the board or its clerk: (a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section. (b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee. (c) Adopt, amend and repeal regulations relating to licenses and licensees. (d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.

4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.

5. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.

6. Except as otherwise provided in NRS 241.0355, a majority of the members constitutes a quorum for the transaction of business.

7. Any natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.

8. In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.

9. As used in this section: (a) "Entertainer for an entertainment by referral service” means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation. (b) "Entertainment by referral service” means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.

NAC 441A.800 Testing of prostitutes; prohibition of certain persons from employment as prostitute.

1. A person seeking employment as a prostitute in a licensed house of prostitution shall submit to the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services: (a) A sample of blood for a test to confirm the presence or absence of human immunodeficiency virus infection (HIV) and syphilis; and (b) A cervical specimen for a test to confirm the presence or absence of gonorrhea and Chlamydia trachomatis by culture or antigen detection or DNA probe.

2. A person must not be employed as a prostitute in a licensed house of prostitution until the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services has reported that the tests required pursuant to subsection 1 do not show the presence of infectious syphilis, gonorrhea, Chlamydia trachomatis or infection with the human immunodeficiency virus (HIV).

3. A person employed as a prostitute in a licensed house of prostitution shall submit to the State Hygienic Laboratory in the Division or a medical laboratory licensed pursuant to chapter 652 of NRS and certified by the Health Care Financing Administration of the United States Department of Health and Human Services: (a) Once each month, a sample of blood, identified by the name of the prostitute as it appears on her local work permit card, for a test to confirm the presence or absence of: (1) Infection with the human immunodeficiency virus (HIV); and (2) Syphilis. (b) Once each week, a cervical specimen, identified by the name of the prostitute as it appears on her local work permit card, for a test to confirm the presence or absence of gonorrhea and Chlamydia trachomatis by culture or antigen detection or DNA probe.

4. If a test required pursuant to this section shows the presence of infectious syphilis, gonorrhea, Chlamydia trachomatis or infection with the human immunodeficiency virus (HIV), the person shall immediately cease and desist from employment as a prostitute in a licensed house of prostitution.

NAC 441A.802 Screening and confirmatory test for human immunodeficiency virus by a medical laboratory: Requirements.

Upon receiving a sample of blood pursuant to NRS 201.356, a medical laboratory licensed pursuant to chapter 652 of NRS shall perform a screening and confirmatory test for exposure to the human immunodeficiency virus. The screening and confirmatory tests used by the medical laboratory must be approved by the Food and Drug Administration or the State Board of Health.

NAC 441A.805 Use of latex prophylactic required.

A person employed as a prostitute in a licensed house of prostitution shall require each patron to wear and use a latex prophylactic while engaging in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person.

NAC 441A.810 House of prostitution required to post health notice.

The person in charge of a licensed house of prostitution shall post a health notice provided by the Division. The cost and mounting of the notice is the responsibility of the house of prostitution. The notice must be posted in a prominent location which is readily noticeable by patrons of the establishment and is approved by the Division.

NAC 441A.815 Person in charge of house of prostitution: Report of presence of communicable disease required; cooperation with health authority required.

1. The person in charge of a licensed house of prostitution who knows of or suspects the presence of a communicable disease within the house of prostitution shall report the disease to the health authority having jurisdiction where the house of prostitution is located.

2. A report of a communicable disease must be made to the health authority in accordance with the provisions set forth in NAC 441A.225.

3. A report must include: (a) The communicable disease or suspected communicable disease; (b) The name and the address or telephone number of the case or suspected case; (c) The name, address and telephone number of the person making the report; (d) The age, sex, race, date of birth, occupation and employer of the case or suspected case, if available; (e) The date of onset and the date of diagnosis of the disease; and (f) Any other information requested by the health authority, if available.

4. The person in charge of a licensed house of prostitution shall promptly cooperate with the health authority during: (a) The investigation of the circumstances or cause of a case or suspected case, or of an outbreak or suspected outbreak; and (b) The carrying out of measures for the prevention, suppression or control of a communicable disease, including procedures of exclusion, isolation and quarantine.

Montana Prostitution Laws

 

Prostitution is not legal in Montana. Montana prostitution laws prohibit engaging in, agreeing to engage in, or offering to engage in the act of sexual intercourse in exchange for anything of value. Both buying and selling sexual acts are illegal.

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

Prostitution Laws of Montana

  • 45-5-601: Prostitution
  • 45-5-602: Promoting prostitution
  • 45-5-603: Aggravated promotion of prostitution
  • 45-5-604: Evidence in cases of promotion

Montana Prostitution Laws

 

45-5-601: Prostitution

(1) A person commits the offense of prostitution if the person engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether such compensation is received or to be received or paid or to be paid.

(2) (a) A prostitute convicted of prostitution shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.

(b) A prostitute's client who is convicted of prostitution shall for the first offense be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 1 year, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both.

45-5-602: Promoting prostitution

(1) A person commits the offense of promoting prostitution if the person purposely or knowingly commits any of the following acts:

(a) owns, controls, manages, supervises, resides in, or otherwise keeps, alone or in association with others, a house of prostitution or a prostitution business;

(b) procures an individual for a house of prostitution or a place in a house of prostitution for an individual;

(c) encourages, induces, or otherwise purposely causes another to become or remain a prostitute;

(d) solicits clients for another person who is a prostitute;

(e) procures a prostitute for a patron;

(f) transports an individual into or within this state with the purpose to promote that individual's engaging in prostitution or procures or pays for transportation with that purpose;

(g) leases or otherwise permits a place controlled by the offender, alone or in association with others, to be regularly used for prostitution or for the procurement of prostitution or fails to make reasonable effort to abate that use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or

(h) lives in whole or in part upon the earnings of an individual engaging in prostitution, unless the person is the prostitute's minor child or other legal dependent incapable of self-support.

(2) A person convicted of promoting prostitution shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.

45-5-603: Aggravated promotion of prostitution

(1) A person commits the offense of aggravated promotion of prostitution if the person purposely or knowingly commits any of the following acts:

(a) compels another to engage in or promote prostitution;

(b) promotes prostitution of a child under the age of 18 years, whether or not the person is aware of the child's age;

(c) promotes the prostitution of one's spouse, child, ward, or any person for whose care, protection, or support the person is responsible.

(2) (a) Except as provided in subsection

(2)(b), a person convicted of aggravated promotion of prostitution shall be punished by: (i) life imprisonment; or

(ii) imprisonment in a state prison for a term not to exceed 20 years or a fine in an amount not to exceed $50,000, or both.

(b) Except as provided in 46-18-219 and 46-18-222, a person convicted of aggravated promotion of prostitution of a child, who at the time of the offense is under 18 years of age, shall be punished by:

(i) life imprisonment; or

(ii) imprisonment in a state prison for a term of not less than 4 years or more than 100 years or a fine in an amount not to exceed $100,000, or both.

45-5-604: Evidence in cases of promotion

(1) On the issue whether a place is a house of prostitution, the following, in addition to all other admissible evidence, shall be admissible:

(a) its general repute;

(b) the repute of the persons who reside in or frequent the place; or

(c) the frequency, timing, and duration of visits by nonresidents.

(2) Testimony of a person against his spouse shall be admissible under 45-5-602, 45-5-603, and this section.

PDF: Montana Prostitution Laws

Mississippi Prostitution Laws

Is prostitution legal in Mississippi?

Mississippi prostitution laws say it is illegal to pay for any kind of sexual act. Prostitution, solicitation, and offering the services of a prostitute are all illegal across the state.

Mississippi Prostitution Laws

 

Prostitution Laws of Mississippi

  • § 97-29-49: Prostitution
  • § 97-29-51: Prostitution; procuring females; accepting money, etc. from prostitute
  • § 97-29-53: Prostitution; penalty

 

§ 97-29-49: Prostitution

It shall be unlawful to engage in prostitution or to aid or abet prostitution or to procure or solicit for the purposes of prostitution, or to reside in, enter, or remain in any place, structure, or building, or to enter or remain in any vehicle or conveyance for the purpose of lewdness, assignation, or prostitution, or to keep or set up a house of ill-fame, brothel or bawdy house, or to receive any person for purposes of lewdness, assignation, or prostitution into any vehicle, conveyance, place, structure or building, or to permit any person to remain for the purpose of lewdness, assignation, or prostitution in any vehicle, conveyance, place, structure, or building, or to direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any person to any vehicle, conveyance, 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, lewdness or assignation, or to lease or rent or contract to lease or rent any vehicle, conveyance, place, structure, or building, or part thereof, knowing or with good reason to know that it is intended to be used for any of the purposes herein prohibited, or to aid, abet, or participate in the doing of any of the acts herein prohibited.

§ 97-29-51: Prostitution; procuring females; accepting money, etc. from prostitute

It shall further be unlawful to procure a female inmate for a house of prostitution, or to cause, induce, persuade, or encourage by promise, threat, violence, or by scheme or device, a female to become a prostitute or to remain an inmate of a house of prostitution, or to induce, persuade, or encourage a female to come into or leave this state for the purpose of prostitution, or to become an inmate in a house of prostitution, or to receive or give, or agree to receive or give any money or thing of value for procuring, or attempting to procure any female to become a prostitute or an inmate in a house of prostitution, or 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.

§ 97-29-53: Prostitution; penalty

Any person, partnership, association or corporation violating any provision of Sections 97-29-49 or 97-29-51 shall, upon conviction, be punished by a fine not exceeding two hundred dollars ($200.00) or by confinement in the county jail for not more than six (6) months, or by both such fine and imprisonment.

Missouri Prostitution Laws

Is prostitution legal in Missouri?

Missouri prostitution laws prohibit street walking, high-class escorts, and brothels. Soliciting prostitution, offering sexual services, or agreeing to perform sexual services in exchange for money are crimes across the state.

Missouri Prostitution Laws

 

Prostitution Laws of Missouri

  • 567.010: Chapter definitions
  • 567.020: Prostitution
  • 567.030: Patronizing prostitution--penalty
  • 567.040: Prostitution and patronizing prostitution--sex of parties no defense, when
  • 567.050: Promoting prostitution in the first degree
  • 567.060: Promoting prostitution in the second degree
  • 567.070: Promoting prostitution in the third degree
  • 567.080: Prostitution houses deemed public nuisances
  • 567.085: Promoting travel for prostitution--penalty
  • 567.087: Prohibitions on travel agencies or tour operators--rebuttable presumption, advertisements
  • 567.089: Offering travel for purpose of prostitution prohibited--penalties
  • 567.090: Preemption and standardization
  • 567.110: Persistent prostitution offender--penalty
  • 567.120: HIV testing for persons arrested for a prostitution-related offense

 

567.010: Chapter definitions

As used in this chapter, the following terms mean:

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

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

(b) Procures or solicits patrons for prostitution; or

(c) Provides persons or premises for prostitution purposes; or

(d) Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or

(e) Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he participates or is to participate in proceeds of prostitution activity; or

(f) Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution;

(2) "Prostitution", a person commits prostitution if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person;

(3) "Patronizing prostitution", a person patronizes prostitution if

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

(b) He gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him or with another; or

(c) He solicits or requests another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with another, in return for something of value;

(4) "Sexual conduct" occurs when there is

(a) "Sexual intercourse" which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or

(b) "Deviate sexual intercourse"which means any sexual act involving the genitals of one person and the mouth, hand, tongue or anus of another person; or

(c) "Sexual contact" which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party;

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

(6) "Prostitution-related offense", any violation of state law for prostitution, patronizing prostitution or promoting prostitution;

(7) "Persistent prostitution offender", a person is a persistent prostitution offender if they have pled guilty to or been found guilty of two or more prostitution-related offenses.

567.020: Prostitution

1. A person commits the crime of prostitution if the person performs an act of prostitution.

2. Prostitution is a class B misdemeanor unless the person knew prior to performing the act of prostitution that he or she was infected with HIV in which case prostitution is a class B felony. The use of condoms is not a defense to this crime.

3. As used in this section, "HIV" means the human immunodeficiency virus that causes acquired immunodeficiency syndrome.

4. The judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. Forthe class B misdemeanor offense, upon the successful completion of such program by the defendant, the court may at its discretion allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty. For the class B felony offense, the court shall not allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty. The judge, however, has discretion to take into consideration successful completion of a drug or alcohol treatment program in determining the defendant's sentence.

567.030: Patronizing prostitution--penalty

1. A person commits the crime of patronizing prostitution if he patronizes prostitution.

2. It shall not be an affirmative defense that the defendant believed that the person he or she patronized for prostitution was eighteen years of age or older.

3. Patronizing prostitution is a class B misdemeanor, unless the individual who the person is patronizing is under the age of eighteen but older than the age of fourteen, in which case patronizing prostitution is a class A misdemeanor.

4. Patronizing prostitution is a class D felony if the individual who the person patronizes is fourteen years of age or younger. Nothing in this section shall preclude the prosecution of an individual for the offenses of:

(1) Statutory rape in the first degree pursuant to section 566.032, RSMo;

(2) Statutory rape in the second degree pursuant to section 566.034, RSMo;

(3) Statutory sodomy in the first degree pursuant to section 566.062, RSMo; or

(4) Statutory sodomy in the second degree pursuant to section 566.064, RSMo.

567.040: Prostitution and patronizing prostitution--sex of parties no defense, when

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) Both persons were of the same sex; or

(2) The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.

567.050: Promoting prostitution in the first degree

1. A person commits the crime of promoting prostitution in the first degree if he knowingly

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

(2) Promotes prostitution of a person less than sixteen years old.

2. The term "compelling" includes

(1) The use of forcible compulsion;

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

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

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

567.060: Promoting prostitution in the second degree

1. A person commits the crime of promoting prostitution in the second degree if he knowingly promotes prostitution bymanaging, 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.

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

567.070: Promoting prostitution in the third degree

1. A person commits the crime of promoting prostitution in the third degree if he knowingly promotes prostitution.

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

567.080: Prostitution houses deemed public nuisances

1. Any room, building or other structure regularly used for sexual contact for pay as defined in section 567.010 or any unlawful prostitution activity prohibited by this chapter is a public nuisance.

2. The attorney general, circuit attorney or prosecuting attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for sexual contact for pay or unlawful prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

3. All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and theymay be enjoined from engaging in any sexual contact for pay or unlawful prostitution activity anywhere within the jurisdiction of the court.

4. Appeals shall be allowed from the judgment of the court as in other civil actions.

567.085: Promoting travel for prostitution--penalty

1. A person commits the crime of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in prostitution as defined by section 567.010.

2. The crime of promoting travel for prostitution is a class C felony.

567.087: Prohibitions on travel agencies or tour operators--rebuttable presumption, advertisements

1. No travel agency or charter tour operator shall:

(1) Promote travel for prostitution under section 567.085;

(2) Sell, advertise, or otherwise offer to sell travel services or facilitate travel:

(a) For the purpose of engaging in a commercial sex act as defined in section 566.200, RSMo;

(b) That consists of tourism packages or activities using and offering any sexual contact as defined in section 566.010, RSMo, as enticement for tourism; or

(c) That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services. 2. There shall be a rebuttable presumption that any travel agency or charter tour operator using advertisements that include the term "sex tours" or "sex travel" or include depictions of human genitalia is in violation of this section.

567.089: Offering travel for purpose of prostitution prohibited--penalties

1. No travel agency or charter tour operator shall engage in selling, advertising, or otherwise offering to sell travel services, tourism packages, or activities that solicit, encourage, or facilitate travel for the purpose of engaging in prostitution.

2. Upon violation of this section by a travel agency or charter tour operator, the secretary of state shall revoke the articles of incorporation of the travel agency or charter tour operator. The secretary of state, as part of a proceeding brought under this section, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.

567.090: Preemption and standardization

The general assembly by enacting this chapter intends to preempt any other regulation of the area covered by felony sections 567.050 through 567.070, to promote statewide control of prostitution, and to standardize laws that governmental subdivisions may adopt in other areas covered by this chapter. No governmental subdivision may enact or enforce a law that makes any conduct in the area covered by sections 567.050 through 567.070 subject to a criminal or civil penalty or sanction of any kind. Cities and towns may enact and enforce laws prohibiting and penalizing conduct subject to criminal or civil penalties or sanctions under other provisions of this chapter, but the provisions of such laws shall be the same and the authorized penalties or sanctions under such laws shall not be greater than those of this chapter. Cities and towns may also enact and enforce laws prohibiting and penalizing public solicitation of sexual conduct, whether or not the offer to engage in sexual conduct is in return for something of value, and health laws to prevent the spread of venereal diseases.

567.110: Persistent prostitution offender--penalty

Any person who pleads guilty to or is found guilty of a violation of section 567.020 or 567.030 and who is alleged and proved to be a persistent prostitution offender is guilty of a class D felony.

567.120: HIV testing for persons arrested for a prostitution-related offense

Any person arrested for a prostitution-related offense, who has a prior conviction of or has pled guilty to a prior prostitution- related offense, may, within the sound discretion of the court, be required to undergo HIV testing as a condition precedent to the issuance of bond for the offense.

Minnesota Prostitution Laws

 

Prostitution is not legal in Minnesota. Minnesota prostitution laws make buying sex, selling sexual services, and selling the sexual services of someone else all crimes across the state. Acts of forced prostitution are prosecuted as sex trafficking offenses.

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

Prostitution Laws of Minnesota

  • 609.321: PROSTITUTION; DEFINITIONS
  • 609.322: SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION
  • 609.324: OTHER PROSTITUTIONCRIMES; PATRONS, PROSTITUTES, AND INDIVIDUALS HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES
  • 609.3241: PENALTY ASSESSMENT AUTHORIZED
  • 609.3242 PROSTITUTION CRIMES COMMITTED IN SCHOOL OR PARK ZONES; INCREASED PENALTIES
  • 609.3243: LOITERING WITH INTENT TO PARTICIPATE IN PROSTITUTION 609.325: DEFENSES
  • 609.326: EVIDENCE

Minnesota Prostitution Laws

 

609.321: PROSTITUTION; DEFINITIONS

Subdivision 1.

Scope. For the purposes of sections 609.321 to 609.325, the following terms have the meanings given.

Subd. 2. Business of prostitution. "Business of prostitution" means any arrangement between or organization of two or more persons, acting other than as prostitutes or patrons, who commit acts punishable under sections 609.321 to 609.324.

Subd .4. Patron. "Patron" means an individual who hires or offers or agrees to hire another individual to engage in sexual penetration or sexual contact.

Subd. 5. Place of prostitution. "Place of prostitution" means a house or other place where prostitution is practiced.

Subd. 7. Promotes the prostitution of an individual. "Promotes the prostitution of an individual" means any of the following wherein the person knowingly:

(1) solicits or procures patrons for a prostitute; or

(2) provides, leases or otherwise permits premises or facilities owned or controlled by the person to aid the prostitution of an individual; or

(3) owns, manages, supervises, controls, keeps or operates, either alone or with others, a place of prostitution to aid the prostitution of an individual; or

(4) owns, manages, supervises, controls, operates, institutes, aids or facilitates, either alone or with others, a business of prostitution to aid the prostitution of an individual; or

(5) admits a patron to a place of prostitution to aid the prostitution of an individual;

(6) transports an individual from one point within this state to another point either within or without this state, or brings an individual into this state to aid the prostitution of the individual; or

(7) engages in the sex trafficking of an individual.

Subd. 7a. Sex trafficking. "Sex trafficking" means receiving, recruiting, enticing, harboring, providing, or obtaining by any means an individual to aid in the prostitution of the individual.

Subd. 7b. Sex trafficking victim. "Sex trafficking victim" means a person subjected to the practices in subdivision 7a.

Subd. 8. Prostitute. "Prostitute" means an individual who engages in prostitution.

Subd. 9. Prostitution. "Prostitution" means engaging or offering or agreeing to engage for hire in sexual penetration or sexual contact.

Subd. 10. Sexual contact. "Sexual contact" means any of the following acts, if the acts can reasonably be construed as being for the purpose of satisfying the actor's sexual impulses:

(i) the intentional touching by an individual of a prostitute's intimate parts; or

(ii) the intentional touching by a prostitute of another individual's intimate parts.

Subd. 11. Sexual penetration. "Sexual penetration" means any of the following acts, if for the purpose of satisfying sexual impulses: sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion however slight into the genital or anal openings of an individual's body by any part of another individual's body or any object used for the purpose of satisfying sexual impulses. Emission of semen is not necessary.

Subd. 12. Public place. A "public place" means a public street or sidewalk, a pedestrian skyway system as defined in section 469.125, subdivision 4, a hotel, motel, or other place of public accommodation, a place licensed to sell intoxicating liquor, wine, nonintoxicating malt beverages, or food, or a motor vehicle located on a public street, alley, or parking lot ordinarily used by or available to the public though not used as a matter of right and a driveway connecting such a parking lot with a street or highway.

609.322: SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION

Subdivision 1. Individuals under age 18. Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years; or

(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 18 years.

Subd. 1a. Other offenses. Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:

(1) solicits or induces an individual to practice prostitution; or

(2) promotes the prostitution of an individual; or

(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual.

Subd. 1b. Exceptions. Subdivisions 1, clause (3), and 1a, clause (3), do not apply to: (1) a minor who is dependent on an individual acting as a prostitute and who may have benefited from or been supported by the individual's earnings derived from prostitution; or (2) a parent over the age of 55 who is dependent on an individual acting as a prostitute, who may have benefited from or been supported by the individual's earnings derived from prostitution, and who did not know that the earnings were derived from prostitution; or (3) the sale of goods or services to a prostitute in the ordinary course of a lawful business.

Subd. 1c. Aggregation of cases. Acts by the defendant in violation of any one or more of the provisions in this section within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this section; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

609.324: OTHER PROSTITUTION CRIMES;PATRONS,PROSTITUTES, AND INDIVIDUALS HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES

Subdivision 1. Engaging in, hiring, or agreeing to hire a minor to engage in prostitution; penalties.

(a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:

(1) engages in prostitution with an individual under the age of 13 years; or

(2) hires or offers or agrees to hire an individual under the age of 13 years to engage in sexual penetration or sexual contact.

(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) engages in prostitution with an individual under the age of 16 years but at least 13 years; or

(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contact.

(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

(1) engages in prostitution with an individual under the age of 18 years but at least 16 years; or

(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact.

Subd. 1a. Housing an unrelated minor engaged in prostitution; penalties. Any person, other than one related by blood, adoption, or marriage to the minor, who permits a minor to reside, temporarily or permanently, in the person's dwelling without the consent of the minor's parents or guardian, knowing or having reason to know that the minor is engaging in prostitution may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; except that, this subdivision does not applyto residential placements made, sanctioned, or supervised by a public or private social service agency.

Subd. 2. Solicitation or acceptance of solicitation to engage in prostitution; penalty. Whoever solicits or accepts a solicitation to engage for hire in sexual penetration or sexual contact while in a public place may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000 or both. Except as otherwise provided in subdivision 4, a person who is convicted of violating this subdivision while acting as a patron must, at a minimum, be sentenced to pay a fine of at least $1,500.

Subd. 3. Engaging in, hiring, or agreeing to hire an adult to engage in prostitution; penalties. Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both:

(1) engages in prostitution with an individual 18 years of age or above; or

(2) hires or offers or agrees to hire an individual 18 years of age or above to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a person who is convicted of violating clause (1) or (2) while acting as a patron must, at a minimum, be sentenced to pay a fine of at least $500. Whoever violates the provisions of this subdivision within two years of a previous conviction may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. Except as otherwise provided in subdivision 4, a person who is convicted of a gross misdemeanor violation of this subdivision while acting as a patron, must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service. The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.

Subd. 4. Community service in lieu of minimum fine. The court may order a person convicted of violating subdivision 2 or 3 to perform community work service in lieu of all or a portion of the minimum fine required under those subdivisions if the court makes specific, written findings that the convicted person is indigent or that payment of the fine would create undue hardship for the convicted person or that person's immediate family. Community work service ordered under this subdivision is in addition to any mandatory community work service ordered under subdivision 3.

Subd. 5. Use of motor vehicle to patronize prostitutes; driving record notation. When a court sentences a person convicted of violating this section while acting as a patron, the court shall determine whether the person used a motor vehicle during the commission of the offense. If the court finds that the person used a motor vehicle during the commission of the offense, it shall forward its finding to the commissioner of public safety who shall record the finding on the person's driving record. The finding is classified as private data on individuals, as defined in section 13.02, subdivision 12.

609.3241: PENALTY ASSESSMENT AUTHORIZED

When a court sentences an adult convicted of violating section 609.322 or 609.324, while acting other than as a prostitute, the court shall impose an assessment of not less than $250 and not more than $500 for a violation of section 609.324, subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3; otherwise the court shall impose an assessment of not less than $500 and not more than $1,000. The mandatory minimum portion of the assessment is to be used for the purposes described in section 626.558, subdivision 2a, and is in addition to the surcharge required by section 357.021, subdivision 6. Any Portion of the assessment imposed in excess of the mandatory minimum amount shall be forwarded to the general fund and is appropriated annually to the commissioner of public safety. The commissioner, with the assistance of the General Crime Victims Advisory Council, shall use money received under this section for grants to agencies that provide assistance to individuals who have stopped or wish to stop engaging in prostitution. Grant money may be used to provide these individuals with medical care, child care, temporary housing, and educational expenses.

609.3242 PROSTITUTION CRIMES COMMITTED IN SCHOOL OR PARK ZONES; INCREASED PENALTIES

Subdivision 1. Definitions. As used in this section:

(1) "park zone" has the meaning given in section 152.01, subdivision 12a; and

(2) "school zone" has the meaning given in section 152.01, subdivision 14a, and also includes school bus stops established by a school board under section 123B.88, while school children are waiting for the bus. Subd. 2. Increased penalties. Any person who commits a violation of section 609.324 while acting other than as a prostitute while in a school or park zone may be sentenced as follows:

(1) if the crime committed is a felony, the statutory maximum for the crime is three years longer than the statutory maximum for the underlying crime;

(2) if the crime committed is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both; and (3) if the crime committed is a misdemeanor, the person is guilty of a gross misdemeanor.

609.3243: LOITERING WITH INTENT TO PARTICIPATE IN PROSTITUTION

A person who loiters in a public place with intent to participate in prostitution is guilty of a misdemeanor.

609.325: DEFENSES

Subdivision 1. No defense; solicited; not engaged. It shall be no defense to a prosecution under section 609.322 that an individual solicited or induced to practice prostitution or whose prostitution was promoted, did not actually engage in prostitution.

Subd. 2. Consent no defense. Consent or mistake as to age shall be no defense to prosecutions under section 609.322 or 609.324.

Subd. 3. No defense; prior prostitution. It shall be no defense to actions under section 609.322 that the individual solicited or induced to practice prostitution, or whose prostitution was promoted, had engaged in prostitution prior to that solicitation, inducement, or promotion.

Subd. 4. Affirmative defense. It is an affirmative defense to a charge under section 609.324 if the defendant proves by a preponderance of the evidence that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex trafficking victim, as defined in section 609.321, and that the defendant committed the act only under compulsion by another who by explicit or implicit threats created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.

609.326: EVIDENCE

The marital privilege provided for in section 595.02 shall not apply in any proceeding under section 609.322.

PDF: Minnesota Prostitution Laws

Massachusetts Prostitution Laws

Is prostitution legal in Massachusetts?

Massachusetts prostitution laws make it a crime to engage in sexual conduct for any fee. Even entering a place of prostitution is a criminal offense across the state. There is currently a dangerous effort to rebrand the Nordic Model of prostitution (entrapment model) as the Equality Model in an effort to implement this failed system in Massachusetts.

Massachusetts Prostitution Laws


 

Prostitution Laws of Massachusetts

  • 272:2: Enticing away person for prostitution or sexual intercourse
  • 272:6: Owner of place inducing or suffering person to resort in such place for sexual intercourse
  • 272:7: Support from, or sharing, earnings of prostitute
  • 272:8: Soliciting for prostitute
  • 272:9: Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness
  • 272:10: Arrest without warrant
  • 272:11: Corroboration of one witness; limitations
  • 272:12: Procuring person to practice, or enter a place for, prostitution; employment office procuring person
  • 272:13: Detaining, or drugging to detain, person in place for prostitution
  • 272:24: Keeping house of ill fame
  • 272:53A: Engaging in sexual conduct for a fee; penalty

 

Chapter 272: Section 2: Enticing away person for prostitution or sexual intercourse

Whoever fraudulently and deceitfully entices or takes away a person from the house of his parent or guardian or elsewhere, for the purpose of prostitution or for the purpose of unlawful sexual intercourse, and whoever aids and assists in such abduction for such purpose, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment in jail.

Chapter 272: Section 6: Owner of place inducing or suffering person to resort in such place for sexual intercourse

Whoever, being the owner of a place or having or assisting in the management or control thereof induces or knowingly suffers a person to resort to or be in or upon such place, for the purpose of unlawfully having sexual intercourse for money or other financial gain, shall be punished by imprisonment in the state prison for a period of five years and a five thousand dollar fine. The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.

Chapter 272: Section 7: Support from, or sharing, earnings of prostitute

Whoever, knowing a person to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of his prostitution, from moneys loaned, advanced to or charged against him by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or shall share in such earnings, proceeds or moneys, shall be punished by imprisonment in the state prison for a period of five years and by a fine of five thousand dollars. The sentence of imprisonment imposed under this section shall not be reduced to less than two years, nor suspended, nor shall any person convicted under this section be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct or otherwise until he shall have served two years of such sentence. Prosecutions commenced under this section shall not be continued without a finding nor placed on file.

Chapter 272: Section 8: Soliciting for prostitute

Whoever shall solicit or receive compensation for soliciting for a prostitute shall be punished by imprisonment in the house of correction for not more than one year or by a fine of not more than five hundred dollars, or both.

Chapter 272: Section 9: Oath and warrant to enter place for prostitution; detention of person in control and prostitute; recognizance to appear as witness

If a person makes oath before a district court that he has probable cause to suspect that a house, building, room or place is kept or resorted to for prostitution and that a certain person owning or having or assisting in the management or control of such house, building, room or place knowingly suffers another person to be in or upon such place for the purpose of unlawfully having sexual intercourse, said court shall, if satisfied that there is probable cause thereof, issue a warrant commanding the sheriff or his deputy, or any constable or police officer, to enter such house, building, room or place and search for such owner or person in control, and take into custody both the owner or person in control and such other person as may be in or upon such place for such purpose. Said owner or person in control shall be detained for not more than twenty-four hours until complaint may be made against him, and any such other person for a reasonable time until brought before said court to be recognized with or without sureties at the discretion of said court to appear as witnesses before the next or any succeeding sitting of said court. This section shall be in addition to and not in derogation of the common law.

Chapter 272: Section 10: Arrest without warrant

Nothing in the preceding section shall prevent the arrest and detention without a warrant of any person who, the officer serving said process may have reasonable cause to believe, is violating any provision of this chapter, or is keeping a house, room or place resorted to for prostitution or lewdness, and said officer may upon such search arrest without a warrant any such person, and detain him until complaint may be made against him.

Chapter 272: Section 11: Corroboration of one witness; limitations

A person shall not be convicted under sections 2, 4 and 6 upon the evidence of one witness only, unless his testimony is corroborated in a material particular, and prosecution for a violation of any of said sections shall not be commenced more than one year after the commission of the crime.

Chapter 272: Section 12: Procuring person to practice, or enter a place for, prostitution; employment office procuring person

Whoever knowingly procures, entices, sends, or aids or abets in procuring, enticing or sending, a person to practice prostitution, or to enter as an inmate or a servant a house of ill fame or other place resorted to for prostitution, whetherwithin or without the commonwealth, shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not less than three months nor more than two years. Whoever as a proprietor or keeper of an employment agency, either personally or through an agent or employee, procures or sends a person to enter as aforesaid a house of ill fame or other place resorted to for prostitution, the character of which on reasonable inquiry could have been ascertained by him, shall be punished by a fine of not less than fifty nor more than two hundred dollars.

Chapter 272: Section 13: Detaining, or drugging to detain, person in place for prostitution

Whoever, for any length of time, unlawfully detains or attempts to detain, or aids or abets in unlawfully detaining or attempting to detain, or provides or administers or aids or abets in providing or administering any drug or liquor for the purpose of detaining a person in a house of ill fame or other place where prostitution is practiced or allowed, shall be punished by imprisonment in the state prison for not more than five years or in the house of correction for not less than one nor more than two and one half years or by a fine of not less than one hundred nor more than five hundred dollars.

Chapter 272: Section 24: Keeping house of ill fame

Whoever keeps a house of ill fame which is resorted to for prostitution or lewdness shall be punished by imprisonment for not more than two years.

Chapter 272: Section 53A: Engaging in sexual conduct for a fee; penalty

Any person who engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee, or any person who pays, agrees to pay or offers to pay another person to engage in sexual conduct, or to agree to engage in sexual conduct with another natural person may be punished by imprisonment in a jail or house of correction for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

Michigan Prostitution Laws

Is prostitution legal in Michigan?

Michigan prostitution laws make it illegal to engage in or offer to engage in sexual services with another person for any form of payment or value. Michigan is one of three states to expressly allow police to engage in sex acts with sex workers prior to pressing charges.

Michigan Prostitution Laws


 

Prostitution Laws of Michigan

  • 750.448: Soliciting, accosting, or inviting to commit prostitution or immoral act; crime
  • 750.449: Admitting to place for purpose of prostitution; crime
  • 750.449a: Engaging services for purpose of prostitution, lewdness, or assignation, offer to engage; penalty
  • 750.450: Aiders and abettors; crime
  • 750.451: Violation of §§ 750.448, 750.449, 750.449a, 750.450, or 750.462; prior convictions; penalty; definition
  • 750.451a: Law enforcement officers; applicability
  • 750.452: House of ill-fame; keeping, maintaining or operating
  • 750.453: Providing incriminating testimony or evidence; use of truthful testimony, evidence, or other information against witness in criminal case
  • 750.454: Leasing houses for purposes of prostitution; misdemeanor
  • 750.455: Pandering; felony
  • 750.456: Placing wife in house of prostitution; felony
  • 750.457: Earnings of prostitute, accepting
  • 750.458: Detaining female in house of prostitution for debt
  • 750.459: Transporting female for prostitution; felony
  • 750.460: Acts committed outside state
  • 750.461: Competency of person to testify for or against accused notwithstanding person's marriage to accused

 

750.448: Soliciting, accosting, or inviting to commit prostitution or immoral act; crime

A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.

750.449: Admitting to place for purpose of prostitution; crime

A person 16 years of age or older who receives or admits or offers to receive or admit a person into a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, or who knowingly permits a person to remain in a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, is guilty of a crime punishable as provided in section 451.

750.449a: Engaging services for purpose of prostitution, lewdness, or assignation, offer to engage; penalty

Any male person who engages or offers to engage the services of a female person, not his wife, for the purpose of prostitution, lewdness or assignation, by the payment in money or other forms of consideration, is guilty of a misdemeanor. Any person convicted of violating this section shall be subject to the provisions of Act No. 6 of the Public Acts of the Second Extra Session of 1942, being sections 329.201 to 329.208 of the Compiled Laws of 1948.

750.450: Aiders and abettors; crime

A person 16 years of age or older who aids, assists, or abets another person to commit or offer to commit an act prohibited under section 448 or 449 is guilty of a crime punishable as provided in section 451.

750.451: Violation of §§ 750.448, 750.449, 750.449a, 750.450, or 750.462; prior convictions; penalty; definition

(1) Except as otherwise provided in this section, a person convicted of violating section 448, 449, 449a, 450, or 462 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(2) A person 16 years of age or older who is convicted of violating section 448, 449, 449a, 450, or 462 and who has 1 prior conviction is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) A person convicted of violating section 448, 449, 449a, 450, or 462 and who has 2 or more prior convictions is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.

(4) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:

(a) A copy of the judgment of conviction.

(b) A transcript of a prior trial, plea-taking, or sentencing.

(c) Information contained in a presentence report.

(d) The defendant's statement.

(5) As used in this section, "prior conviction" means a violation of section 448, 449, 449a, 450, or 462 or a violation of a law of another state or of a political subdivision of this state or another state substantially corresponding to section 448, 449, 449a, 450, or 462.

750.451a: Law enforcement officers; applicability

Sections 448, 449, 449a, 450 and 451 do not apply to a law enforcement officer while in the performance of his duties as a law enforcement officer.

750.452: House of ill-fame; keeping, maintaining or operating

Any person who shall keep, maintain or operate, or aid and abet in keeping, maintaining or operating a house of ill-fame, bawdy house or any house or place resorted to for the purpose of prostitution or lewdness shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years or by a fine of not more than 2,500 dollars.

750.453: Providing incriminating testimony or evidence; use of truthful testimony, evidence, or other information against witness in criminal case

A person shall not be excused from attending and testifying or producing any books, papers, or other documents before a court or magistrate upon an investigation, proceeding, or trial for a violation of this chapter on the ground that the testimony or evidence may tend to degrade or incriminate the person. Truthful testimony, evidence, or other truthful information compelled under this section and any information derived directly or indirectly from that truthful testimony, evidence, or other truthful information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury or otherwise failing to testify or produce evidence as required.

750.454: Leasing houses for purposes of prostitution; misdemeanor

Any person who shall let any dwelling house, knowing that the lessee intends to use it as a house of ill-fame or place of resort for the purpose of prostitution and lewdness, or for the purpose of gambling for money or other property, or who shall knowingly permit such lessee to use the same for such purpose, or who shall receive any rent for any dwelling, house, room, or apartment which is used as a house of ill-fame or place of resort for prostitutes, or for the purpose of prostitution and lewdness, or for the purpose of gambling for money or other property, having reasonable cause to believe such house, room, or apartment is used for any such purpose, is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $750.00. However, no person shall be liable for receiving rent as aforesaid for any period prior to the time when he or she has reasonable cause to believe that such house, room, or apartment is used for any such purpose.

750.455: Pandering; felony

Any person who shall procure a female inmate for a house of prostitution; or who shall induce, persuade, encourage, inveigle or entice a female person to become a prostitute; or who by promises, threats, violence or by any device or scheme, shall cause, induce, persuade, encourage, take, place, harbor, inveigle or entice a female person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed; or any person who shall, by promises, threats, violence or by any device or scheme, cause, induce, persuade, encourage, inveigle or entice an inmate of a house of prostitution or place of assignation to remain therein as such inmate; or any person who by promises, threats, violence, by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, shall take, place, harbor, inveigle, entice, persuade, encourage or procure any female person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution; or who shall inveigle, entice, persuade, encourage, or procure any female person to come into this state or to leave this state for the purpose of prostitution; or who upon the pretense of marriage takes or detains a female person for the purpose of sexual intercourse; or who shall receive or give or agree to receive or give any money or thing of value for procuring or attempting to procure any female person to become a prostitute or to come into this state or leave this state for the purpose of prostitution, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 20 years.

750.456: Placing wife in house of prostitution; felony

Placing wife by fraud, etc., in house of prostitution-Any person who by force, fraud, intimidation or threat places or leaves, or procures any other person to place or leave his wife in a house of prostitution or to lead a life of prostitution, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 20 years.

750.457: Earnings of prostitute, accepting

Accepting money, etc., from earnings of prostitute-Any person who shall knowingly accept, receive, levy or appropriate any money or valuable thing without consideration from the proceeds of the earnings of any woman engaged in prostitution, or any person, knowing a female to be a prostitute, shall live or derive support or maintenance, in whole or in part, from the earnings or proceeds of the prostitution of said prostitute, or from moneys loaned or advanced to or charged against her by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years. And such acceptance, receipt, levy or appropriation of such money or valuable thing, shall, upon any proceeding or trial for violation of this section, be presumptive evidence of lack of consideration.

750.458: Detaining female in house of prostitution for debt

Detaining female in house of prostitution for debt contracted while there-Any person who attempts to detain any female person in a disorderly house or house of prostitution because of any debt or debts she has contracted, or is said to have contracted while living in said house, shall be guilty of a felony, punishable by imprisonment in the state prison for not less than 2 nor more than 20 years.

750.459: Transporting female for prostitution; felony

Any person who shall knowingly transport or cause to be transported, or aid or assist in obtaining transportation for, by any means of conveyance, into, through or across this state, any female person for the purpose of prostitution or with the intent and purpose to induce, entice or compel such female person to become a prostitute shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 20 years; any person who may commit the crime in this section mentioned may be prosecuted, indicted, tried and convicted in any county or city in or through which he shall so transport or attempt to transport any female person as aforesaid.

750.460: Acts committed outside state

Acts committed outside state-It shall not be a defense to a prosecution for any of the acts prohibited in the next 5 preceding sections of this chapter that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed and the offender tried and punished in any county in which the prostitution was intended to be practiced or in which the offense was consummated, or any overt act in furtherance of the offense shall have been committed.

750.461: Competency of person to testify for or against accused notwithstanding person's marriage to accused

An individual referred to in sections 455 to 459 may be a competent witness in a prosecution under this chapter to testify for or against the accused as to any transaction or as to any conversation with the accused or by the accused with another person in the individual's presence regardless of whether the individual married the accused before or after the violation or whether the individual is called as a witness during the existence of the marriage or after its dissolution.