Chapter 567 Prostitution
567.120 - HIV testing for persons arrested for a prostitution-related offense.
Any person arrested for a prostitution-related offense, who has been found guilty of a prior prostitution-related offense, may, within the sound discretion of the court, be required to undergo HIV testing as a condition precedent to the issuance of bond for the offense.
567.020 - Prostitution — penalty — affirmative defense.
1.A person commits the offense of prostitution if he or she engages in or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by any person.
2.The offense of prostitution is a class B misdemeanor unless the person knew prior to performing the act of prostitution that he or she was infected with HIV in which case prostitution is a class B felony.The use of condoms is not a defense to this offense.
3.As used in this section, "HIV" means the human immunodeficiency virus that causes acquired immunodeficiency syndrome.
4.The judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing.For the class B misdemeanor offense, upon the successful completion of such program by the defendant, the court may at its discretion allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.For the class B felony offense, the court shall not allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.The judge, however, has discretion to take into consideration successful completion of a drug or alcohol treatment program in determining the defendant's sentence.
5.In addition to the affirmative defense provided in subsection 2 of section 566.223, it shall be an affirmative defense to prosecution pursuant to this section that the defendant was under the age of eighteen and was acting under the coercion, as defined in section 566.200, of an agent at the time of the offense charged.
567.030 - Patronizing prostitution — penalty.
1.A person commits the offense of patronizing prostitution if he or she:
(1)Pursuant to a prior understanding, gives something of value to another person as compensation for having engaged in sexual conduct with any person; or
(2)Gives or agrees to give something of value to another person with the understanding that such person or another person will engage in sexual conduct with any person; or
(3)Solicits or requests another person to engage in sexual conduct with any person in return for something of value.
2.It shall not be a defense that the person believed that the individual he or she patronized for prostitution was eighteen years of age or older.
3.The offense of patronizing prostitution is a class B misdemeanor, unless the individual who the person patronizes is less than eighteen years of age but older than fourteen years of age, in which case patronizing prostitution is a class E felony.
4.The offense of patronizing prostitution is a class D felony if the individual who the person patronizes is fourteen years of age or younger.Nothing in this section shall preclude the prosecution of an individual for the offenses of:
(1)Statutory rape in the first degree pursuant to section 566.032;
(2)Statutory rape in the second degree pursuant to section 566.034;
(3)Statutory sodomy in the first degree pursuant to section 566.062; or
(4)Statutory sodomy in the second degree pursuant to section 566.064.
567.010 - Chapter definitions.
As used in this chapter, the following terms mean:
(1)"Deviate sexual intercourse", any sexual act involving the genitals of one person and the mouth, hand, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis, the female genitalia, or the anus by a finger, instrument, or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;
(2)"Persistent prostitution offender", a person who has been found guilty of two or more prostitution-related offenses;
(3)"Prostitution-related offense", any violation of state law for prostitution, patronizing prostitution, or promoting prostitution;
(4)"Sexual conduct", sexual intercourse, deviate sexual intercourse, or sexual contact;
(5)"Sexual contact", any touching of another person with the genitals or any touching of the genitals or anus of another person or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person or for the purpose of terrorizing the victim;
(6)"Sexual intercourse", any penetration, however slight, of the female genitalia by the penis;
(7)"Something of value", any money or property, or any token, object or article exchangeable for money or property.
567.110 - Persistent prostitution offender — penalty.
Any person who has been found guilty of a violation of section 567.020 or 567.030 and who is alleged and proved to be a persistent prostitution offender is guilty of a class E felony.
567.100 - Responsibilities of prosecuting attorneys and attorney general.
In addition to the responsibility of circuit attorneys and prosecuting attorneys in their respective jurisdictions to enforce the criminal provisions of this chapter, they shall have the duty to enforce the provisions of section 567.080; and the attorney general shall have a concurrent duty to enforce the civil provisions of section 567.080.
567.050 - Promoting prostitution in the first degree — penalty.
1.A person commits the offense of promoting prostitution in the first degree if he or she knowingly:
(1)Promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution; or
(2)Promotes prostitution of a person less than sixteen years of age.
2.The term "compelling" includes:
(1)The use of forcible compulsion;
(2)The use of a drug or intoxicating substance to render a person incapable of controlling his conduct or appreciating its nature;
(3)Withholding or threatening to withhold dangerous drugs or a narcotic from a drug dependent person.
3.The offense of promoting prostitution in the first degree under subdivision (1) of subsection 1 of this section is a class B felony.The offense of promoting prostitution in the first degree under subdivision (2) of subsection 1 of this section is a felony punishable by a term of imprisonment not less than ten years and not to exceed fifteen years.
567.060 - Promoting prostitution in the second degree — penalty.
1.A person commits the offense of promoting prostitution in the second degree if he or she knowingly:
(1)Promotes prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or
(2)Promotes prostitution of a person sixteen or seventeen years of age.
2.The offense of promoting prostitution in the second degree is a class D felony.
567.087 - Prohibitions on travel agencies or tour operators — rebuttable presumption, advertisements.
1.No travel agency or charter tour operator shall:
(1)Promote travel for prostitution as described in section 567.085;
(2)Sell, advertise, or otherwise offer to sell travel services or facilitate travel:
(a)For the purpose of engaging in a commercial sex act as defined in section 566.010;
(b)That consists of tourism packages or activities using and offering any sexual contact as defined in section 566.010 as enticement for tourism; or
(c)That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services.
2.There shall be a rebuttable presumption that any travel agency or charter tour operator using advertisements that include the term "sex tours" or "sex travel" or include depictions of human genitalia is in violation of this section.
567.070 - Promoting prostitution in the third degree — penalty.
1.A person commits the offense of promoting prostitution in the third degree if he or she knowingly:
(1)Causes or aids a person to commit or engage in prostitution;
(2)Procures or solicits patrons for prostitution;
(3)Provides persons or premises for prostitution purposes;
(4)Operates or assists in the operation of a house of prostitution or a prostitution business or enterprise;
(5)Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in proceeds of prostitution activity; or
(6)Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution.
2.The offense of promoting prostitution in the third degree is a class E felony.
567.085 - Promoting travel for prostitution — penalty.
1.A person commits the offense of promoting travel for prostitution if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in prostitution as defined by section 567.020.
2.The offense of promoting travel for prostitution is a class D felony.
567.089 - Offering travel for purpose of prostitution prohibited — penalties.
1.No travel agency or charter tour operator shall engage in selling, advertising, or otherwise offering to sell travel services, tourism packages, or activities that solicit, encourage, or facilitate travel for the purpose of engaging in prostitution.
2.Upon violation of this section by a travel agency or charter tour operator, the secretary of state shall revoke the articles of incorporation of the travel agency or charter tour operator.The secretary of state, as part of a proceeding brought under this section, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.
567.090 - Preemption and standardization.
The general assembly by enacting this chapter intends to preempt any other regulation of the area covered by felony sections 567.050 through 567.070, to promote statewide control of prostitution, and to standardize laws that governmental subdivisions may adopt in other areas covered by this chapter.No governmental subdivision may enact or enforce a law that makes any conduct in the area covered by sections 567.050 through 567.070 subject to a criminal or civil penalty or sanction of any kind.Cities and towns may enact and enforce laws prohibiting and penalizing conduct subject to criminal or civil penalties or sanctions under other provisions of this chapter, but the provisions of such laws shall be the same and the authorized penalties or sanctions under such laws shall not be greater than those of this chapter.Cities and towns may also enact and enforce laws prohibiting and penalizing public solicitation of sexual conduct, whether or not the offer to engage in sexual conduct is in return for something of value, and health laws to prevent the spread of venereal diseases.
567.080 - Prostitution houses deemed public nuisances.
1.Any room, building or other structure regularly used for any prostitution activity prohibited by this chapter is a public nuisance.
2.The attorney general, circuit attorney or prosecuting attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance.If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.
3.All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any prostitution activity anywhere within the jurisdiction of the court.
4.Appeals shall be allowed from the judgment of the court as in other civil actions.