[§712-1209.5] Habitual solicitation of prostitution. (1) A person commits the offense of habitual solicitation of prostitution if the person is a habitual prostitution offender and pays, agrees to pay, or offers to pay a fee to another person to engage in sexual conduct.
(2) For the purposes of this section, a person has the status of a "habitual prostitution offender" if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for:
(a) Prostitution, in violation of section 712-1200(1)(b);
(b) Street solicitation of prostitution, in violation of section 712-1207(1)(b);
(c) Habitual solicitation of prostitution, in violation of this section;
(d) An offense of any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or
(e) Any combination of the offenses in paragraph (a), (b), (c), or (d).
A conviction for purposes of this section is a judgment on the verdict or a finding of guilt, or a plea of guilty or nolo contendere. The convictions must have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the conviction must not have been expunged by pardon, reversed, or set aside.
(3) Habitual solicitation of prostitution is a class C felony. L 2008, c 192, §§1, 3; am L 2010, c 95, §1; am L 2011, c 145, §§9, 10
COMMENTARY ON §712-1209.5
Act 145, Session Laws 2011, permanently established §712-1209.5, the offense of habitual solicitation of prostitution, by deleting the sunset date of Act 192, Session Laws 2009 [as amended by Act 95, Session Laws 2010]. Act 145 also amended the habitual solicitation of prostitution offense to apply to those who habitually pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct and raised the offense to a class C felony. Conference Committee Report No. 76, Senate Standing Committee Report No. 1137.
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