(a) In this section:
(1) KNOWN PROSTITUTE OR PANDERER means a person who, within one year previous to the date of arrest for violation of this section, has, within the knowledge of the arresting officer, been convicted of prostitution, promotion of prostitution, or compelling prostitution, or declared himself or herself to be a prostitute or panderer or available for the act of prostitution.
(2) PROSTITUTION has the meaning given that term in the Texas Penal Code.
(3) PUBLIC PLACE has the meaning given that term in the Texas Penal Code.
(4) A LOCATION FREQUENTED BY PERSONS WHO ENGAGE IN PROSTITUTION OR SOLICITATION OF PROSTITUTION means a geographic area identified by the Dallas Police Department as having an elevated risk for prostitution-related activity.
(b) A person commits an offense if the person, while in a public place, manifests the purpose and intent of inducing, enticing, soliciting, or procuring another to commit an act of prostitution.
(c) The following factors must be considered when determining whether a person has manifested the purpose and intent of inducing, enticing, soliciting, or procuring another to commit an act of prostitution:
(1) that the person is a known prostitute or panderer or is in a location frequented by persons who engage in prostitution or solicitation of prostitution; and
(2) either:
(A) repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation;
(B) repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture; or
(C) repeatedly interferes with the free passage of other persons.
(d) A peace officer may not arrest a person for a violation of this section unless the officer has given the person an opportunity to explain the person’s conduct.
(e) It is an affirmative defense to prosecution under this section if the explanation given the arresting officer under Subsection (d) is true and discloses a lawful purpose. (Ord. 15247; 32574)