18-5613. PROSTITUTION. (1) A person is guilty of prostitution when he or she: (a) engages in or offers or agrees to engage in sexual conduct, or sexual contact with another person in return for a fee; or (b) is an inmate of a house of prostitution; or (c) loiters in or within view of any public place for the purpose of being hired to engage in sexual conduct or sexual contact.
(2) Prostitution is a misdemeanor, provided, however, that on a third or subsequent conviction for prostitution, it shall be a felony.
(3) Definitions:
(a) "Sexual conduct" means sexual intercourse or deviate sexual intercourse.
(b) "Sexual contact" means any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party.
(c) "House of prostitution" means a place where prostitution or promotion of prostitution is regularly carried on by one (1) or more persons under the control, management or supervision of another.
(d) "Inmate" means a person who engages in prostitution in or through an agency of a house of prostitution.
(e) "Public place" means any place to which the public or any substantial group thereof has access.
History:
[18-5613, added 1977, ch. 175, sec. 2, p. 450.]