A person generally commits the crime of prostitution by engaging in sexual contact or offering to engage in sexual contact in exchange for money or other consideration.

It is also a criminal offense to solicit (on a person's own behalf, or on behalf of another person), promote, or compel prostitution. For example, most states have laws that make it illegal to buy, sell, or profit from prostitution—which is generally the business of pimps and other human traffickers—known as pimping, pandering, procuring, soliciting, promoting, or compelling prostitution.

Prostitution laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In North Dakota, prostitution is illegal under state law. According to North Dakota Century Code Section 12.1-29-01, an individual commits the offense of prostitution if they engage in, or agree to engage in, sexual acts with another person in exchange for money or other forms of compensation. This includes both the person offering sexual services and the person receiving them. Additionally, the law criminalizes the acts of solicitation, promotion, and compelling of prostitution. Solicitation involves seeking someone to engage in prostitution, while promotion of prostitution can include activities such as operating a place where prostitution occurs or transporting someone for the purpose of prostitution. Compelling prostitution is a more serious offense that involves forcing or coercing someone to engage in prostitution, and it can be associated with human trafficking. Penalties for these offenses can range from misdemeanors to felonies, depending on the specific circumstances and whether minors are involved.