2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 59 - Public Indecency
5902 - Prostitution and related offenses.

     § 5902.  Prostitution and related offenses.
        (a)  Prostitution.--A person is guilty of prostitution if he
     or she:
            (1)  is an inmate of a house of prostitution or otherwise
        engages in sexual activity as a business; or
            (2)  loiters in or within view of any public place for
        the purpose of being hired to engage in sexual activity.
        (a.1)  Grading of offenses under subsection (a).--An offense
     under subsection (a) constitutes a:
            (1)  Misdemeanor of the third degree when the offense is
        a first or second offense.
            (2)  Misdemeanor of the second degree when the offense is
        a third offense.
            (3)  Misdemeanor of the first degree when the offense is
        a fourth or subsequent offense.
            (4)  Felony of the third degree if the person who
        committed the offense knew that he or she was human
        immunodeficiency virus (HIV) positive or manifesting acquired
        immune deficiency syndrome (AIDS).
        (b)  Promoting prostitution.--A person who knowingly promotes
     prostitution of another commits a misdemeanor or felony as
     provided in subsection (c) of this section. The following acts
     shall, without limitation of the foregoing, constitute promoting
     prostitution:
            (1)  owning, controlling, managing, supervising or
        otherwise keeping, alone or in association with others, a
        house of prostitution or a prostitution business;
            (2)  procuring an inmate for a house of prostitution or a
        place in a house of prostitution for one who would be an
        inmate;
            (3)  encouraging, inducing, or otherwise intentionally
        causing another to become or remain a prostitute;
            (4)  soliciting a person to patronize a prostitute;
            (5)  procuring a prostitute for a patron;
            (6)  transporting a person into or within this
        Commonwealth with intent to promote the engaging in
        prostitution by that person, or procuring or paying for
        transportation with that intent;
            (7)  leasing or otherwise permitting a place controlled
        by the actor, alone or in association with others, to be
        regularly used for prostitution or the promotion of
        prostitution, or failure to make reasonable effort to abate
        such use by ejecting the tenant, notifying law enforcement
        authorities, or other legally available means; or
            (8)  soliciting, receiving, or agreeing to receive any
        benefit for doing or agreeing to do anything forbidden by
        this subsection.
        (c)  Grading of offenses under subsection (b).--
            (1)  An offense under subsection (b) constitutes a felony
        of the third degree if:
                (i)  the offense falls within paragraphs (b)(1),
            (b)(2) or (b)(3);
                (ii)  the actor compels another to engage in or
            promote prostitution;
                (iii)  the actor promotes prostitution of a child
            under the age of 16 years, whether or not he is aware of
            the age of the child;
                (iv)  the actor promotes prostitution of his spouse,
            child, ward or any person for whose care, protection or
            support he is responsible; or
                (v)  the person knowingly promoted prostitution of
            another who was HIV positive or infected with the AIDS
            virus.
            (2)  Otherwise the offense is a misdemeanor of the second
        degree.
        (d)  Living off prostitutes.--A person, other than the
     prostitute or the prostitute's minor child or other legal
     dependent incapable of self-support, who is knowingly supported
     in whole or substantial part by the proceeds of prostitution is
     promoting prostitution in violation of subsection (b) of this
     section.
        (e)  Patronizing prostitutes.--A person commits the offense
     of patronizing prostitutes if that person hires a prostitute or
     any other person to engage in sexual activity with him or her or
     if that person enters or remains in a house of prostitution for
     the purpose of engaging in sexual activity.
        (e.1)  Grading of offenses under subsection (e).--An offense
     under subsection (e) constitutes a:
            (1)  Misdemeanor of the third degree when the offense is
        a first or second offense.
            (2)  Misdemeanor of the second degree when the offense is
        a third offense.
            (3)  Misdemeanor of the first degree when the offense is
        a fourth or subsequent offense.
            (4)  Felony of the third degree if the person who
        committed the offense knew that he or she was human
        immunodeficiency virus (HIV) positive or manifesting acquired
        immune deficiency syndrome (AIDS).
        (e.2)  Publication of sentencing order.--A court imposing a
     sentence for a second or subsequent offense committed under
     subsection (e) shall publish the sentencing order in a newspaper
     of general circulation in the judicial district in which the
     court sits, and the court costs imposed on the person sentenced
     shall include the cost of publishing the sentencing order.
        (f)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "House of prostitution."  Any place where prostitution or
     promotion of prostitution is regularly carried on by one person
     under the control, management or supervision of another.
        "Inmate."  A person who engages in prostitution in or through
     the agency of a house of prostitution.
        "Public place."  Any place to which the public or any
     substantial group thereof has access.
        "Sexual activity."  Includes homosexual and other deviate
     sexual relations.
     (Oct. 4, 1978, P.L.909, No.173, eff. 60 days; Feb. 2, 1990,
     P.L.6, No.4, eff. 60 days; July 9, 1992, P.L.685, No.100, eff.
     60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60
     days; July 6, 1995, P.L.242, No.28, eff. 60 days; Dec. 20, 2000,
     P.L.973, No.134, eff. 60 days)

        2000 Amendment.  Act 134 amended subsecs. (a), (a.1), (e) and
     (e.1) and added subsec. (e.2).
        1995 Amendments.  Act 10, 1st Sp.Sess., amended subsec. (e)
     and Act 28 amended subsec. (c) and added subsecs. (a.1) and
     (e.1). Section 18 of Act 10, 1st Sp.Sess., provided that the
     amendment of subsec. (e) shall apply to offenses committed on or
     after the effective date of Act 10.
        Cross References.  Section 5902 is referred to in sections
     5708, 6318, 9122 of this title; section 3304 of Title 5
     (Athletics and Sports); sections 5303, 6344 of Title 23
     (Domestic Relations); sections 5552, 9718.1, 9795.1 of Title 42
     (Judiciary and Judicial Procedure); section 2303 of Title 44
     (Law and Justice); section 7122 of Title 61 (Prisons and
     Parole).

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