Chapter 9.45
Chapter 9.45

PROSTITUTION

Sections:
9.45.010 Definitions.
9.45.020 Prostitution prohibited.
9.45.030 Soliciting for prostitution.
9.45.040 Pandering.
9.45.050 Keeping a place of prostitution.
9.45.060 Patronizing a prostitute.
9.45.070 Prostitute making display.
9.45.080 Confiscation of moneys used in prostitution offenses.
9.45.090 Violation of probation for prostitution offense.

9.45.010 Definitions.
For the purposes of this Chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
"Anal intercourse," means contact between human beings of the genital organs of one and the anus of another.
"Cunnilingus," means any act of oral stimulation of the vulva or clitoris.
"Fellatio," means any act of oral stimulation of the penis.
"Masturbation," means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
"Nude" means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
"Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, or areola of the female breast, as well as portions of the body covered by supporting straps or devices.
"Sexual intercourse" means real or simulated intercourse, whether genital-genital, anal-genital, anal intercourse, cunnilingus, or fellatio, between human beings of the opposite or same sex or with an artificial device. (Ord. O-99-15 § 1, 1999).

9.45.020 Prostitution prohibited.
A. Any person who performs, offers, or agrees to perform any act of sexual intercourse, anal intercourse, cunnilingus, fellatio, or masturbation with or in the presence of any person not his or her spouse in exchange for money or other thing of value commits the crime of prostitution.
B. Any person while giving a massage or while appearing nude or semi-nude, who permits or encourages another person not his or her spouse to masturbate in exchange for money or other thing of value commits the crime of prostitution. (Ord.O-2009-9 § 2, 2009; O-2006-21 § 6, 2006; Ord. O-99-15 § 1, 1999).

9.45.030 Soliciting for prostitution.
A. Any person who does any of the following commits the crime of soliciting for prostitution:
1. Solicits another for the purpose of prostitution;
2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution;
3. By word, gesture, or action, endeavors or arranges to further the practice of prostitution or to obtain the services of a prostitute; or
4. Directs another to a place knowing such direction is for the purposes of prostitution. (Ord. O-2006-21 § 7, 2006; Ord. O-99-15 § 1, 1999)     

9.45.040 Pandering.
Any person who for money or other thing of value knowingly arranges or offers to arrange a situation in which a person may practice prostitution commits the crime of pandering. (Ord. O-2006-21 § 8, 2006; Ord. O-99-15 § 1, 1999).

9.45.050 Keeping a place of prostitution.
A. Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits the crime of keeping a place of prostitution:
1. Knowingly grants or permits the use of such place for the purpose of prostitution; or
2. Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution. (Ord. O-2006-21 § 9, 2006; Ord. O-99-15 § 1, 1999).

9.45.060 Patronizing a prostitute.
A. Any person who offers or agrees to pay money or other thing of value to a person not his spouse in exchange for the performance of an act of sexual intercourse commits the crime of patronizing a prostitute.
B. Any person who enters or remains in a place of prostitution, with intent to engage in an act of sexual intercourse with a person not his spouse, in exchange for the payment of money or other thing of value, commits the crime of patronizing a prostitute. (Ord. O-2006-21 § 10, 2006; Ord. O-99-15 § 1, 1999).

9.45.070 Prostitute making display.
Any person who by word, gesture, or action, endeavors to further the practice of prostitution in any public place or within public view commits the crime of prostitute making display. (Ord. O-2006-21 § 11, 2006; Ord. O-99-15 § 1, 1999).

9.45.080 Confiscation of moneys used in prostitution offenses.
In addition to any fines, costs, or other penalty that the court may impose, a conviction, plea of guilty, no contest, or the entry of a deferred judgment or sentence to a violation of this Chapter shall result in forfeiture to the seizure fund of the Lakewood Police Department of any monies used in the commission of a violation of this Chapter. (Ord. O-99-15 § 1, 1999).

9.45.090 Violation of probation for prostitution offense.
A peace officer may arrest any person placed on probation for a violation of this chapter when that peace officer has probable cause to believe that the conditions of probation or other terms of probation or any other order of the municipal court relating to sentencing of the probationer have been violated. Any probationer who has been arrested under these circumstances shall be brought before the municipal court.  Any probationer so arrested shall have all the rights afforded by the provisions of the Lakewood Municipal Code to a person incarcerated before trial on criminal charges and may be admitted to bail pending probation revocation hearing.  Alternatively, if facts are presented to the court upon application of the city attorney or the probation division from which it reasonably appears that the conditions of probation for a violation this chapter have been violated by any person on probation, the court shall issue a warrant for the arrest of the probationer for violation of the conditions of probation and require that person to be brought before the court. The probation revocation hearing shall be held in compliance with Section 1.16.020 of the Lakewood Municipal Code. (Ord. O-2006-21 § 12, 2006).