(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KNOWN PROSTITUTE OR PROCURER. A person who, within one year prior to the date of the suspected violation of this section, has, within the knowledge of the arresting officer, been convicted of a violation of this section or has been convicted of violating any statute or ordinance of any jurisdiction which makes prostitution or soliciting for the purpose of prostitution unlawful.
PROSTITUTION. The giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any thing of value; or the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value.
(B) Prohibited acts. It is unlawful:
(1) To engage in prostitution, lewdness or assignation;
(2) To solicit, induce, entice or procure another to commit an act of lewdness, assignation or prostitution; or
(3) To aid, abet or participate in the doing of any of the acts herein prohibited.
(C) Keeping or housing prostitute. No person shall in any way or manner whatever, keep, harbor or house any prostitute.
(D) Enticing person into house of prostitution. No person shall entice or attempt to entice any person into a house of prostitution, or have illicit sexual intercourse with any person under 18 years of age.
(E) Maintaining or leasing house of prostitution.
(1) No person shall keep or maintain a house of prostitution or house of assignation.
(2) No person shall lease, let or furnish any building, room, tent or structure of any kind, or any conveyance used or to be used as a place of prostitution or assignation within the town, or knowingly permit the same to be so used.
(F) Accepting money from prostitute. No person shall knowingly accept, receive, levy or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any persons engaged in prostitution.
(G) Securing or transferring another for prostitution.
(1) No person shall offer, or offer to secure, another for the purpose of prostitution, or for any other lewd or indecent act.
(2) No person shall direct, take or transport, or offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building or other structure, vehicle, trailer or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation.
(H) Soliciting in public; arrest.
(1) It is unlawful for a person to be present in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution.
(2) Among the circumstances which may be considered in determining whether such a purpose is manifested are: that such person is a known prostitute or procurer; that such person repeatedly beckons to, stops or attempts to stop or engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture.
(3) No arrest shall be made for a violation of this division (H) unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this division (H) if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(Prior Code, § 5-4A-17) Penalty, see § 132.99