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Prostitution is agreeing to have sex or having sex in exchange of money or other compensation. All parties involved in the offense can be convicted of prostitution as they each engaged in the criminal act. Prostitution is a misdemeanor and specifics of the law are as follows:

Agreeing to engage in prostitution: if a person agrees to engage in prostitution and does so with the intent of fulfilling the act of prostitution and performs an act that further encourages prostitution (i.e. arriving at the location where an intended act of prostitution is to occur; withdrawing money from a bank or ATM with the intent of paying a prostitute; allowing a prostitute to enter the car to be driven to a place where the act of prostitution will occur; giving the prostitute the money with the intent of engaging in the act of prostitution).

Engaging in the act of prostitution: willfully engaging in sex or other lewd acts in exchange for money. A lewd act is defined as touching the genitals, female breasts, or buttocks by either the prostitute or the customer with any part of the other person’s body for the purpose of arousal or gratification.

Loitering for Prostitution: delaying or lingering in a public place where prostitution is known to occur. The offender has no lawful purpose for being there and is doing so with the intent of committing prostitution (i.e. stopping, beckoning, talking to passersby in a way that suggests solicitation of prostitution; waving, hailing and/or gesturing to stop vehicles or engaging driving in conversation that suggests solicitation; circling and driving a vehicle in an area known for prostitution).

Lewd conduct in public: willfully engaging in sex or other lewd acts in a public place.

Prosecutors may also consider additional evidence such as the possession of condoms, large amounts of cash by the customer, a “client book”, revealing or “sexy” clothing or an online ad offering companionship or a good time.