Prostitution.

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(a) A person commits the crime of prostitution if the person

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

(2) offers a fee in return for sexual conduct.

(b) In a prosecution under (e) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant

(1) reasonably believed the prostitute to be 18 years of age or older; and

(2) undertook reasonable measures to verify that the prostitute was 18 years of age or older.

(c) A person may not be prosecuted under (a)(1) of this section if the

(1) person witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes:

(A) murder in the first degree under AS 11.41.100;

(B) murder in the second degree under AS 11.41.110;

(C) manslaughter under AS 11.41.120;

(D) criminally negligent homicide under AS 11.41.130;

(E) assault in the first degree under AS 11.41.200;

(F) assault in the second degree under AS 11.41.210;

(G) assault in the third degree under AS 11.41.220;

(H) assault in the fourth degree under AS 11.41.230;

(I) sexual assault in the first degree under AS 11.41.410;

(J) sexual assault in the second degree under AS 11.41.420;

(K) sexual assault in the third degree under AS 11.41.425;

(L) sexual assault in the fourth degree under AS 11.41.427;

(M) sexual abuse of a minor in the first degree under AS 11.41.434;

(N) sexual abuse of a minor in the second degree under AS 11.41.436;

(O) sexual abuse of a minor in the third degree under AS 11.41.438;

(P) sexual abuse of a minor in the fourth degree under AS 11.41.440;

(Q) robbery in the first degree under AS 11.41.500;

(R) robbery in the second degree under AS 11.41.510;

(S) extortion under AS 11.41.520;

(T) coercion under AS 11.41.530;

(U) distribution of child pornography under AS 11.61.125;

(V) possession of child pornography under AS 11.61.127;

(W) sex trafficking in the first degree under AS 11.66.110;

(X) sex trafficking in the second degree under AS 11.66.120;

(Y) sex trafficking in the third degree under AS 11.66.130; or

(Z) sex trafficking in the fourth degree under AS 11.66.135;

(2) evidence supporting the prosecution under (a)(1) of this section was obtained or discovered as a result of the person reporting the crime to law enforcement; and

(3) person cooperated with law enforcement personnel.

(d) Except as provided in (e) of this section, prostitution is a class B misdemeanor.

(e) Prostitution is a class C felony if

(1) the defendant violates (a) of this section as a patron of a prostitute;

(2) the prostitute is under 18 years of age; and

(3) the defendant is over 18 years of age and at least three years older than the prostitute.


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