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Rs 14:82 Prostitution; Definition; Penalties; Enhancement

2. OFFENSES CONCERNING PROSTITUTION

§82. Prostitution; definition; penalties; enhancement

A. Prostitution is:

(1) The practice by a person of indiscriminate sexual intercourse with others for

compensation.

(2) The solicitation by one person of another with the intent to engage in

indiscriminate sexual intercourse with the latter for compensation.

B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual

intercourse.

C.(1) Whoever commits the crime of prostitution shall be fined not more than five

hundred dollars or be imprisoned for not more than six months, or both.

(2) On a second conviction, the offender shall be fined not less than two hundred

fifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor,

for not more than two years, or both.

(3) On a third and subsequent conviction, the offender shall be imprisoned, with or

without hard labor, for not more than four years and shall be fined not less than five hundred

dollars nor more than four thousand dollars.

(4) Whoever commits the crime of prostitution with a person under the age of

eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor

for not less than fifteen years nor more than fifty years, or both.

(5) Whoever commits the crime of prostitution with a person under the age of

fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard

labor for not less than twenty-five years nor more than fifty years, or both.

D. Any offense under this Section committed more than five years prior to the

commission of the offense with which the defendant is charged shall not be considered in the

assessment of penalties under this Section.

E. If the offense occurred as a result of a solicitation by the offender while the

offender was located on a public road or highway, or the sidewalk, walkway, or public

servitude thereof, the court shall sentence the offender to imprisonment for a minimum of

ninety days. If a portion of the sentence is suspended, the court may place the offender upon

supervised probation if the offender agrees, as a condition of probation, to perform two

hundred forty hours of community service work collecting or picking up litter and trash on

the public roads, streets, and highways, under conditions specified by the court.

F. All persons who are convicted of the offense of prostitution shall be referred to

the parish health unit for counseling concerning Acquired Immune Deficiency Syndrome.

The counseling shall be provided by existing staff of the parish health unit whose duties

include such counseling.

G.(1) It shall be an affirmative defense to prosecution for a violation of this Section

that, during the time of the alleged commission of the offense, the defendant was a victim

of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). Any child

determined to be a victim pursuant to the provisions of this Paragraph shall be eligible for

specialized services for sexually exploited children.

(2) It shall be an affirmative defense to prosecution for a violation of this Section

that, during the time of the alleged commission of the offense, the defendant is determined

to be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F). Any

person determined to be a victim pursuant to the provisions of this Paragraph shall be

notified of any treatment or specialized services for sexually exploited persons to the extent

that such services are available.

Amended by Acts 1977, No. 49, §1; Acts 1987, No. 569, §1; Acts 1988, No. 666, §1;

Acts 1999, No. 338, §1; Acts 2001, No. 403, §1, eff. June 15, 2001; Acts 2001, No. 944, §4;

Acts 2008, No. 138, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1; Acts 2014, No. 564,

§1; Acts 2017, No. 281, §1.

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Local Government
Louisiana
2
1
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
offense
prostitution
years
fined
victim
unit
dollars
sexual
offender
age