Section 251.2. Prostitution and Related Offenses.

 (1) Prostitution.  A person is guilty of prostitution, a petty misdemeanor, if he or she:

  (a) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business;  or

  (b) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity.

"Sexual activity" includes homosexual and other deviate sexual relations.  A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.  An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution.  "Public place" means any place to which the public or any substantial group thereof has access.

 (2) Promoting Prostitution.  A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in Subsection (3).  The following acts shall, without limitation of the foregoing, constitute promoting prostitution:

  (a) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business;  or

  (b) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate;  or

  (c) encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;  or

  (d) soliciting a person to patronize a prostitute;  or

  (e) procuring a prostitute for a patron;  or

  (f) transporting a person into or within this state with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose;  or

  (g) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means;  or

  (h) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this Subsection.

 (3) Grading of Offenses Under Subsection (2).  An offense under Subsection (2) constitutes a felony of the third degree if:

  (a) the offense falls within paragraph (a), (b) or (c) of Subsection (2);  or

  (b) the actor compels another to engage in or promote prostitution;  or

  (c) the actor promotes prostitution of a child under 16, whether or not he is aware of the child's age;  or

  (d) the actor promotes prostitution of his wife, child, ward or any person for whose care, protection or support he is responsible.

Otherwise the offense is a misdemeanor.

 (4) Presumption from Living off Prostitutes.  A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution in violation of Subsection (2).

 (5) Patronizing Prostitutes.  A person commits a violation if he hires a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

 (6) Evidence.  On the issue whether a place is a house of prostitution the following shall be admissible evidence:  its general repute;  the repute of the persons who reside in or frequent the place;  the frequency, timing and duration of visits by non-residents.  Testimony of a person against his spouse shall be admissible to prove offenses under this Section.