§ 10-20-5. Various acts relating to prostitution declared misdemeanor.

A.

Definitions. For the purpose of this section:

Known prostitute or panderer is a person who, within one year previous to the date of arrest for violation of this subsection, has within the knowledge of the arresting officer been convicted of violating any ordinance of the city defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.

Prostitution means engaging for hire in sexual activity, including homosexual or other deviate sexual relations.

B.

Prohibited acts. It is unlawful and a misdemeanor for anyone:

1.

To commit or offer or agree to commit an act of prostitution;

2.

To secure or offer to secure another for the purpose of committing an act of prostitution;

3.

To knowingly transport a person into or within the city with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose;

4.

To knowingly and willfully receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly and willfully permit another to remain there for any such purpose;

5.

To direct another to any place for the purpose of committing an act of prostitution;

6.

To knowingly in any way aid, abet or participate in an act of prostitution;

7.

To loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages male passers-by in conversation under circumstances manifesting the purpose of inducing, enticing or soliciting, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other deliberate bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.

(Code 1967, § 22-35.8; Code 1985, § 20-120; Ord. No. 666, § 1, 3-31-1970)