(A) A person is subject to exclusion for a period of 90 days from any public right-of-way within a prostitution-exclusion zone if that person has been arrested and a Magistrate has issued a Magistrate’s order, pursuant to G.S. § 15A-511(c), based upon probable cause to believe that the person had committed to any of the following offenses within the prostitute-exclusion zone, unless the offense was committed entirely within a private residence:
(1) Maintain or operate a conveyance for the purpose of prostitution or assignation in violation of G.S. § 14-204(1);
(2) Occupy a conveyance or permit a conveyance to be used for the purpose of prostitution or assignation in violation of G.S. § 14-204(3);
(3) Receive, offer, or agree to receive any person into a conveyance for the purpose of prostitution or assignation in violation of G.S. § 14-204(3);
(4) Direct, take, or transport or offer or agree to take or transport any person to any place, structure, or building or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution or assignation in violation of G.S. § 14-204(4);
(5) Procure or solicit or offer to procure or solicit for the purpose of prostitution or assignation in violation of G.S. § 14-204(5);
(6) Enter or remain in any conveyance for the purpose of prostitution or assignation in violation of G.S. § 14-204(6);
(7) Engage in prostitution or assignation or aid or abet prostitution or assignation in violation of G.S. § 14-204(7);
(8) Loitering for the purpose of engaging in prostitution or crime against nature;
(9) Crime against nature in violation of G.S. § 14-177; or
(10) Soliciting crime against nature in violation of G.S. § 14-177 and the common law of the state.
(B) The aforesaid 90-day exclusion will cease immediately if the person arrested or otherwise taken into custody for offenses listed above is subsequently acquitted of the charge(s) or said charge(s) is/are dismissed.
(C) A one-year exclusion from any public right-of-way within a prostitution-exclusion zone shall take effective upon the date of conviction for any of the offenses enumerated in division (A) above if that offense was committed within the prostitution- exclusion zone. The face that a conviction is being appealed shall not stay the exclusion.
(D) A one-year exclusion from any public right-of-way within a prostitution-exclusion zone shall be a condition of deferred prosecution for any person entering the Deferred Prosecution Program of the Division of Community Corrections for any committed within that prostitution-exclusion zone. There shall be no right of appeal from the issuance of such an exclusion.
(E) Except as allowed under § 130.25(C), a person excluded from a prostitution-exclusion zone, under any authority of this section, may not enter that prosecution-exclusion zone except to:
(1) Attend a meeting with an attorney;
(2) Attend a scheduled initial interview with a social services provider;
(3) Comply with court- or corrections-ordered obligation;
(4) Contact criminal justice personnel at a criminal facility;
(5) Attend any administrative or judicial hearing relating to an appeal of:
(a) The person’s notice of exclusion; or
(b) The denial, revocation, or amendment of the person’s variance.
(6) Travel through a prostitution-exclusion zone on a public transportation vehicle.
(F) While in a prostitute-exclusion zone, a person who is otherwise excluded may travel only directly to and from the obligations enumerated in division (E) above.
(G) If an excluded person is in the prostitution-exclusion zone from which that person is excluded, in violation of the exclusion during the exclusion period, that person is subject to arrest for second-degree trespass pursuant to G.S. § 14-159.13.
(Ord. passed - -2006) Penalty, see § 130.99
Statutory reference:
Related provisions, see G.S. §§ 14-159.13, 14-177, 14-204(1), 14-204(3) through 14-204(7), 14-204.1, and 15A-511(c)