(1) A person commits the offense of prostitution if the person:
(a) Engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee; or
(b) Pays, agrees to pay, or offers to pay a fee to another to engage in sexual conduct.
(2) As used in this section:
“Minor” means a person who is less than eighteen years of age.
“Sexual conduct” means “sexual penetration”, “deviate sexual intercourse”, or “sexual contact”, as those terms are defined in section 707-700 , or “sadomasochistic abuse” as defined in section 707-752 .
(3) Prostitution is a petty misdemeanor; provided that:
(a) If the person who commits the offense under subsection (1)(a) is a minor, prostitution is a violation; and
(b) If the person who commits the offense under subsection (1)(b) does so in reckless disregard of the fact that the other person is a victim of sex trafficking, prostitution is a class C felony.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a fine of not less than $500 but not more than $1,000 and the person may be sentenced to a term of imprisonment of not more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may sentence the person to perform services for the community as authorized by section 706-605(1) .
(b) For any subsequent offense, a fine of not less than $500 but not more than $1,000 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence.
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until four years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense. When the court has ordered a sentence of probation, the court may impose as a condition of probation that the defendant complete a course of prostitution intervention classes; provided that the court may only impose the condition for one term of probation.
(5) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties, unless engaged in sexual penetration or sadomasochistic abuse.
(6) A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has violated subsection (1)(a). The minor shall be released, referred, or transported pursuant to section 571-31(b) . The minor shall be subject to the jurisdiction of the family court pursuant to section 571-11(1) , including for the purposes of custody, detention, diversion, and access to services and resources.
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