16-6-13
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16-6-13.
(a)
Except as otherwise provided in subsection (b) of this Code section, a person
convicted of any of the offenses enumerated in Code Sections 16-6-10 through
16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature.
A person convicted of the offense enumerated in Code Section 16-6-9 shall be
punished as for a misdemeanor.
(b)
A person convicted of keeping a place of prostitution, pimping, or pandering
when such offense involves keeping a place of prostitution for, the pimping for,
or the solicitation of a person under the age of 18 years to perform an act of
prostitution or the assembly of two or more persons under the age of 18 years at
a fixed place for the purpose of being solicited by others to perform an act of
prostitution shall be guilty of a felony and shall be punished by imprisonment
for a period of not less than five nor more than 20 years and such convicted
person shall be fined not less than $2,500.00 nor more than $10,000.00.
Adjudication of guilt or imposition of a sentence for a conviction of a second
or subsequent offense when such offense involves keeping a place of prostitution
for, the pimping for, or pandering of a person under the age of 18 years
pursuant to this subsection, including a plea of nolo contendere, shall not be
suspended, probated, deferred, or withheld.
(c)(1)
The clerk of the court in which a person is convicted of pandering shall cause
to be published a notice of conviction for each such person convicted. Such
notices of conviction shall be published in the manner of legal notices in the
legal organ of the county in which such person resides or, in the case of
nonresidents, in the legal organ of the county in which the person was
convicted. Such notice of conviction shall be one column wide by two inches long
and shall contain the photograph taken by the arresting law enforcement agency
at the time of arrest, name, and address of the convicted person and the date,
time, place of arrest, and disposition of the case and shall be published once
in the legal organ of the appropriate county in the second week following such
conviction or as soon thereafter as publication may be made.
(2)
The convicted person for which a notice of conviction is published pursuant to
this subsection shall be assessed the cost of publication of such notice and
such assessment shall be imposed at the time of conviction in addition to any
other fine imposed pursuant to this Code section.
(3)
The clerk of the court, the publisher of any legal organ which publishes a
notice of conviction, and any other person involved in the publication of an
erroneous notice of conviction shall be immune from civil or criminal liability
for such erroneous publication, provided such publication was made in good
faith.
(d)
In addition to any other penalty authorized under subsections (a) and (b) of
this Code section, a person convicted of an offense enumerated in Code Sections
16-6-9 through 16-6-12 shall be fined $2,500.00 if such offense was committed
within 1,000 feet of any school building, school grounds, public place of
worship, or playground or recreation center which is used primarily by persons
under the age of 17 years.