Legal Definitions - prostitution

Prostitution refers to the act of engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person in exchange for money or something else of value. The term "sexual conduct" is broadly interpreted and can include a wide range of physical acts intended for sexual arousal or gratification, not limited to sexual intercourse.

Here are some examples to illustrate this legal term:

• Example 1: Direct Exchange for Money

  A person approaches another individual in a hotel bar and explicitly offers $200 in exchange for a specific sexual act. If the other individual agrees and performs the act, both parties could be considered to have engaged in prostitution under the law.

  This scenario illustrates prostitution because it involves a clear offer and agreement for sexual conduct directly in return for a specified monetary fee.

• Example 2: Online Offer and Agreement

  An individual posts an advertisement on a classifieds website offering "adult entertainment services" for an hourly rate, where it is implicitly understood that these services include sexual acts. A client contacts the individual, agrees to the rate, and arranges a meeting with the expectation of sexual conduct. Even if law enforcement intervenes before any physical act occurs, the act of offering and agreeing to sexual conduct in exchange for payment could constitute prostitution.

  This example demonstrates that prostitution can involve an "offer" or "agreement" for sexual conduct in exchange for a fee (the hourly rate), even if the physical act itself has not yet taken place.

• Example 3: Non-Monetary Exchange for Specific Acts

  A person agrees to perform a specific non-intercourse sexual act, such as a sexually suggestive massage with the primary purpose of gratification, for another individual in exchange for a significant non-monetary item, like a new smartphone or having their car repairs paid for.

  This example highlights two key aspects: first, that the "fee" doesn't have to be direct cash but can be something else of value (the smartphone or car repairs); and second, that "sexual conduct" can include acts beyond traditional intercourse, as long as they are performed for sexual arousal or gratification in exchange for that value.