(a) A person commits an offense if that person loiters 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.
(b) Among the circumstances which may be considered in determining whether such purpose is manifested are:
(1) That such person is a known prostitute or panderer; and
(2) That such person repeatedly beckons to, stops, or attempts to stop, or engages others passing by in conversation; or
(3) That such person repeatedly stops or attempts to stop motor vehicles by hailing, waving of arms, or any other bodily gesture.
(c) No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(d) For the purpose of this section, a "known prostitute or panderer" is a person who, within one (1) year previous to the date of this arrest, has been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution.
(e) The definition of prostitution in the Texas Penal Code shall apply to this section.
(f) It is hereby declared that the culpable mental state required by Chapter 6.02 of the Texas Penal Code, as amended, is specifically negated and clearly dispensed with, and an offense under this section is declared to be a strict liability offense.
(g) Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine not to exceed five hundred dollars.
(Ord. No. 3701, § 2, 07-08-10)