Every state except Nevada criminalizes prostitution. In Nevada, legal prostitution must follow specific guidelines and can occur only in a licensed house of prostitution. 1
The criminal act element required for prostitution varies, depending on the jurisdiction. In many states, prostitution is offering, agreeing, or engaging 2 in sexual conduct for money, 3 property, or anything of value. 4 Agreeing and engaging are both considered prostitution, so the prostitute and the prostitute’s client could be prosecuted for and convicted of prostitution in most jurisdictions. The Model Penal Code criminalizes loitering in or within view of any public place for the purpose of being hired to engage in sexual activity and an inmate of a house of prostitution engaging in sexual activity as a business (Model Penal Code § 251.1(1)). The sexual conduct or sexual activity specified in statutes criminalizing prostitution generally includes sexual penetration, touching, or fondling sexual organs for sexual gratification. 5 The Model Penal Code includes homosexual and deviate activity (Model Penal Code § 251.1).
The criminal intent element required for prostitution is either strict liability 6 or general intent or knowingly in most jurisdictions. 7 The Model Penal Code requires purposeful intent if the defendant is loitering to engage in prostitution or strict liability if an inmate in a house of prostitution engages in prostitution as a business (Model Penal Code § 251.1). Prostitution is typically graded as a misdemeanor, with sentencing enhancements for habitual offenders, prostitution that occurs near a school, 8 or clients who patronize juvenile prostitutes. 9 The Model Penal Code grades prostitution as a petty misdemeanor (Model Penal Code § 251.1(1)).
Two crimes associated with prostitution are pimping and pandering. Although the elements of these offenses vary depending on the jurisdiction, in general, the criminal act element required for pimping is receiving anything of value from a prostitute with the general intent or knowingly that it was earned by prostitution. 10 Pimping is generally graded as a misdemeanor 11 or felony, 12 with sentencing enhancements if intimidation or force is used to compel an act of prostitution 13 or if the prostitute is a juvenile. 14
Pandering is generally procuring another (criminal act) with the specific intent or purposely to commit an act of prostitution. 15 Pandering is typically graded as a felony, with sentencing enhancement if the pandering occurs near a school. 16 The Model Penal Code criminalizes a broad spectrum of conduct as promoting prostitution, including encouraging and inducing another purposely to become or remain a prostitute (Model Penal Code § 251.1(2) (c)). The Model Penal Code grades these acts of promoting prostitution as felonies of the third degree (Model Penal Code § 251.1(3) (a)).
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