(A) A person is guilty of criminal solicitation if in a public place and with the intent that another person engage in conduct constituting a lewd or immoral act (including prostitution) as defined in § 12-1-4-13, he or she solicits, commands, requests, induces, employs, or otherwise attempts to promote or facilitate another person to engage in conduct constituting lewd or immoral acts, including prostitution, as defined in § 12-1-4-13, within or without the city.
(B) Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:
(1) Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation;
(2) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture; or
(3) Is a known prostitute.
(C) No person shall be arrested pursuant to this section unless that person has first been afforded an opportunity to explain his or her behavior.
(D) It is not a defense that the person solicited is unable to commit the crime solicited so long as the person soliciting believes that he or they have such capacity.
('74 Code, § 12-6-2) (Ord. 33-1986; Am. Ord. 18-1987)