§ 14:82 — Prostitution; definition; penalties; enhancement

Louisiana § 14:82

• Jurisdiction: Louisiana
• Title 14: Criminal Law

Text

§82. Prostitution; definition; penalties; enhancement
A. Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for
compensation.
(2) The solicitation by one person of another with the intent to engage in
indiscriminate sexual intercourse with the latter for compensation.
B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual
intercourse.
C.(1) Whoever commits the crime of prostitution shall be fined not more than five
hundred dollars or be imprisoned for not more than six months, or both.
(2) On a second conviction, the offender shall be fined not less than two hundred
fifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor,
for not more than two years, or both.
(3) On a third and subsequent conviction, the offender shall be imprisoned, with or
without hard labor, for not more than four years and shall be fined not less than five hundred
dollars nor more than four thousand dollars.
(4) Whoever commits the crime of prostitution with a person under the age of
eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor
for not less than fifteen years nor more than fifty years, or both.
(5) Whoever commits the crime of prostitution with a person under the age of
fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard
labor for not less than twenty-five years nor more than fifty years, or both.
D. Any offense under this Section committed more than five years prior to the
commission of the offense with which the defendant is charged shall not be considered in the
assessment of penalties under this Section.
E. If the offense occurred as a result of a solicitation by the offender while the
offender was located on a public road or highway, or the sidewalk, walkway, or public
servitude thereof, the court shall sentence the offender to imprisonment for a minimum of
ninety days. If a portion of the sentence is suspended, the court may place the offender upon
supervised probation if the offender agrees, as a condition of probation, to perform two
hundred forty hours of community service work collecting or picking up litter and trash on
the public roads, streets, and highways, under conditions specified by the court.
F. All persons who are convicted of the offense of prostitution shall be referred to
the parish health unit for counseling concerning Acquired Immune Deficiency Syndrome.
The counseling shall be provided by existing staff of the parish health unit whose duties
include such counseling.
G.(1) It shall be an affirmative defense to prosecution for a violation of this Section
that, during the time of the alleged commission of the offense, the defendant was a victim
of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). Any child
determined to be a victim pursuant to the provisions of this Paragraph shall be eligible for
specialized services for sexually exploited children.
(2) It shall be an affirmative defense to prosecution for a violation of this Section
that, during the time of the alleged commission of the offense, the defendant is determined
to be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F). Any
person determined to be a victim pursuant to the provisions of this Paragraph shall be
notified of any treatment or specialized services for sexually exploited persons to the extent
that such services are available.

Legislative History

Amended by Acts 1977, No. 49, §1; Acts 1987, No. 569, §1; Acts 1988, No. 666, §1; Acts 1999, No. 338, §1; Acts 2001, No. 403, §1, eff. June 15, 2001; Acts 2001, No. 944, §4; Acts 2008, No. 138, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1; Acts 2014, No. 564, §1; Acts 2017, No. 281, §1.