A. It is unlawful for any person to engage in prostitution.
B. It is unlawful for any person to solicit for prostitution. A person solicits for prostitution if that person:
1. Asks, proposes or otherwise seeks to engage another for the purpose of prostitution; or
2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
3. Directs another to a place knowing the direction is for the purpose of prostitution.
C. It is unlawful for any person to pander. A person panders when, in exchange for money or other thing of value, that person knowingly arranges or offers to arrange a situation in which a person may engage in prostitution.
D. It is unlawful for any person to keep a place of prostitution. Any person who has control or exercises control over the use of any premises which offers seclusion or shelter for the practice of prostitution keeps a place of prostitution if that person performs any one or more of the following:
1. Knowingly grants or permits the use of the place for the purpose of prostitution; or
2. Permits the continued use of the place for the purpose of prostitution after becoming aware of facts or circumstances from which that person should reasonably know that the place is being used for the purposes of prostitution.
E. It is unlawful for any person to patronize a prostitute. Any person who performs any one or more of the following acts with a person not the person's spouse patronizes a prostitute:
1. Engages in sexual conduct or activity with a prostitute; or
2. Enters or remains in a place of prostitution with intent to engage in sexual conduct or activity with a prostitute.
F. It is unlawful for any person to loiter in any public place with the intent to commit prostitution. This intent is evidenced by acting in a manner and under circumstances which openly demonstrate the intent to induce, entice, or solicit prostitution, or to procure another to commit prostitution.
1. Among the circumstances that may be considered in determining whether a person loiters with the intent to commit prostitution is that the person:
a. Repeatedly beckons to, stops, engages in conversations with or attempts to stop or engage in conversations with passersby, indicative of soliciting for prostitution; or
b. Repeatedly stops or attempts to stop motor vehicle operators by hailing the drivers, waving arms or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution; or
c. Has been convicted of a violation of this section or any other offense related to or involving prostitution, within five (5) years of the arrest under this section; or
d. Circles an area in a motor vehicle and repeatedly beckons to, contacts or attempts to contact or stop pedestrians or other motorists, indicative of soliciting for prostitution.
2. The list of circumstances set forth in subsection F1 of this section is not exclusive. The circumstances should be considered particularly relevant if they occur in an area that is known for prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent. Moreover, no one circumstance or combination of circumstances is itself determinative of intent. Intent must be determined based on an evaluation of the particular circumstances of each case.
G. For the purposes of this section, the following definitions apply:
LOITER: To be dilatory, to stand idly around, to linger, delay, remain, abide, tarry or wander about in a public place.
PROSTITUTE: Any person who engages in prostitution.
PROSTITUTION: Engaging, offering to engage or agreeing to engage in sexual conduct or activity with any person except one's spouse where one or more of the parties is to receive money or any other thing of value in exchange for performing the sexual conduct or activity.
SEXUAL CONDUCT OR ACTIVITY: Any act involving contact between the genitals of one person and the mouth, hand, anus or genitals of another person, including genital intercourse, fellatio, cunnilingus, masturbation or anal intercourse.
H. Any person who is convicted of prostitution pursuant to this section shall be ordered by the court to submit to a blood test of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome. The results of the test shall be reported to the person tested, the City Attorney, and the El Paso County District Attorney. The City and district attorneys shall keep the results of the test confidential unless the person is charged with a violation of this section or Colorado Revised Statutes section 18-7-201.7 or 18-7-205 and the results of the test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome. (Ord. 4517; 1968 Code §8-30; Ord. 81-62; Ord. 82-120; Ord. 91-70; Ord. 01-42; Ord. 04-106)