Definitions

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

Sexual activity includes, but is not limited to, sexual intercourse, including genitalgenital, oralgenital, analgenital, and oralanal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.

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

Promoting prostitution is:

• Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
  
• Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
  
• Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
  
• Soliciting a person to patronize a prostitute;
  
• Procuring a prostitute for a patron;
  
• Transporting a person into or within this State with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or
  
• Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.

Crimes & Offenses
The following are prostitution crimes:

• Engaging in prostitution;
  
• Promoting prostitution;
  
• Knowingly promoting prostitution of a child under 18;
  
• Knowingly promoting prostitution of one’s own child, ward, or other person for whose care the actor is responsible;
  
• Compelling someone else to engage in or promote prostitution;
  
• Promoting prostitution of one's spouse;
  
• Knowingly engaging in prostitution with a person younger than 18;
  
• Entering or remaining in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18;
  
• Soliciting or requesting a child under the age of 18 to engage in sexual activity.

Prostitution crimes and offenses are graded as follows:

• Engaging in prostitution:
  
  • First offense: Disorderly persons offense;
    
  • Second offense: Fourth Degree;
• Promoting prostitution: Fourth Degree;
  
  • The following specific types of Promoting are Third Degree crimes:
    
  • Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
    
  • Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
    
  • Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
• Knowingly promoting prostitution of a child under 18: Second Degree;
  
• Knowingly promoting prostitution of one’s own child, ward, or other person for whose care the actor is responsible: Second Degree;
  
• Compelling someone else to engage in or promote prostitution: Third Degree;
  
• Promoting prostitution of one's spouse: Third Degree;
  
• Knowingly engaging in prostitution with a person younger than 18: Third Degree;
  
• Entering or remaining in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18: Third Degree;
  
• Soliciting or requesting a child under the age of 18 to engage in sexual activity:. Third Degree

Second degree crimes are punishable by:

• Imprisonment for five to ten years;
  
• A fine of up to $150,000; or
  
• Both.

• Imprisonment for three to five years;
  
• A fine of up to $15,000; or
  
• Both.

• Imprisonment for up to eighteen months;
  
• A fine of up to $10,000; or
  
• Both.

• Imprisonment for up to six months;
  
• A fine of up to $1,000; or
  
• Both; and
  
• Anyone guilty of “engaging in prostitution” will also have their Driver’s License suspended for six months.