Prostitution Defined; Punishment Established;

Definitions.

(a)A person who engages in, or agrees to engage in, or offers to engage in, sexual penetration or sexual contact or in any sexual conduct or act with another person in return for a fee or in consideration of a pecuniary benefit commits the crime of prostitution. It is the intent of this section that guilt attach to both the payor and the recipient of the fee or pecuniary benefit that is the consideration for the act of prostitution, except that a police officer engaged in the performance of his or her official duties in the performance of an investigation of offenses committed under this chapter shall not be charged under this section.

(b)

(1)A person convicted of prostitution shall be guilty of a misdemeanor; or

(2)A person convicted of a third offense of prostitution within three

(3)years of the first two

(2)offenses shall be guilty of a felony of the third degree; or

(3)A person convicted of prostitution who is determined to have known that he or she was infected with either HIV or AIDS at the time of the commission of the act shall be guilty of a felony of the first degree.

(c)As used in this section, the terms sexual penetration and sexual contact have the meanings provided by § 25.10 of this title. COL6/24/2021 CH. 28 PUBLIC INDECENCY