TITLE 11
Criminal Offenses

CHAPTER 11-34.1
Commercial Sexual Activity

SECTION 11-34.1-2


§ 11-34.1-2 Prostitution.

(a) A person is guilty of prostitution when such person engages, or agrees, or offers to engage in sexual conduct with another person in return for a fee. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both.

(b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both.

(c) In any prosecution for a violation under this section, it shall be an affirmative defense if the accused was forced to commit a commercial sexual activity by:

(1) Being threatened or subjected to physical harm;

(2) Being physically restrained or threatened to be physically restrained;

(3) Being subject to threats of abuse of law or legal process;

(4) Being subject to destruction, concealment, removal, or confiscation, of any passport or other immigration document or any other actual or purported governmental identification document; or

(5) Being subject to intimidation in which the accused's physical well being was perceived as threatened.

History of Section.
(P.L. 2009, ch. 185, § 1; P.L. 2009, ch. 186, § 1; P.L. 2014, ch. 70, § 1; P.L. 2014, ch. 75, § 1.)