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Prostitution

Child Prostitution

13-3212. Child prostitution; classification; increased punishment

  1. A person commits child prostitution by knowingly:
    1. Causing any minor to engage in prostitution.
    2. Using any minor for the purposes of prostitution.
    3. Permitting a minor who is under the person’s custody or control to engage in prostitution.
    4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.
    5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.
    6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.
    7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.
    8. Engaging in prostitution with a minor.
  2. Notwithstanding any other law, a sentence imposed on a person for a violation of this section involving a minor who is fifteen, sixteen or seventeen years of age shall be consecutive to any other sentence imposed on the person at any time.
  3. If a person is convicted of a violation of subsection A, paragraph 8 of this section, the victim is fifteen, sixteen or seventeen years of age and the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than thirty days. This jail term of incarceration shall not be deleted, deferred or otherwise suspended and shall commence on the date of sentencing. This subsection does not apply to persons who are sentenced to serve a period of incarceration in the state department of corrections.
  4. Child prostitution is a class 2 felony, and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.
  5. If the minor is fifteen, sixteen or seventeen years of age, child prostitution pursuant to subsection A, paragraph 1, 2, 3, 4, 5, 6 or 7 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted. The presumptive term may be aggravated or mitigated within the range under this section pursuant to section 13-701, subsections C, D and E. The terms are as follows:
    1. The term for a first offense is as follows:
      • Minimum Presumptive Maximum
      • 7 years 10.5 years 21 years
      • Minimum Presumptive Maximum
      • 14 years 15.75 years 28 years
      • Minimum Presumptive Maximum
      • 21 years 28 years 35 years

Exploitation of a Minor, Commercial

13-3552. Commercial sexual exploitation of a minor; classification

  1. A person commits commercial sexual exploitation of a minor by knowingly:
    1. Using, employing, persuading, enticing, inducing or coercing a minor to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
    2. Using, employing, persuading, enticing, inducing or coercing a minor to expose the genitals or anus or the areola or nipple of the female breast for financial or commercial gain.
    3. Permitting a minor under the person’s custody or control to engage in or assist others to engage in exploitive exhibition or other sexual conduct for the purpose of producing any visual depiction or live act depicting such conduct.
    4. Transporting or financing the transportation of any minor through or across this state with the intent that the minor engage in prostitution, exploitive exhibition or other sexual conduct for the purpose of producing a visual depiction or live act depicting such conduct.
  2. Commercial sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

Exploitation of a Minor, Sexual

13-3553. Sexual exploitation of a minor; evidence; classification

  1. A person commits sexual exploitation of a minor by knowingly:
    • Recording, filming, photographing, developing or duplicating any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
    • Distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing or exchanging any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct.
  2. If any visual depiction of sexual exploitation of a minor is admitted into evidence, the court shall seal that evidence at the conclusion of any grand jury proceeding, hearing or trial.
  3. Sexual exploitation of a minor is a class 2 felony and if the minor is under fifteen years of age it is punishable pursuant to section 13-705.

House of Prostitution

13-3208. Keeping or residing in house of prostitution; employment in prostitution; classification

  1. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.
  2. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

Pimping

13-3204. Receiving earnings of prostitute; classification

A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

Taking a Child for Prostitution

13-3206. Taking child for purpose of prostitution; classification

A person who takes away any minor from the minor’s father, mother, guardian or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a class 4 felony. If the minor is under fifteen years of age, taking a child for the purpose of prostitution is a class 2 felony and is punishable pursuant to section 13-705.

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