Chapter 9.90
PROSTITUTION
Sections:
9.90.010 Unlawful acts of prostitution or pandering – Adopted by reference.
9.90.020 Unlawful prostitution loitering – Adopted by reference.
9.90.030 Patronizing a prostitute – Adopted by reference.
9.90.040 Known prostitute or panderer defined.
9.90.050 Sex of parties immaterial.
9.90.060 Unlawful permitting of prostitution or pandering.
9.90.070 Penalties upon prostitution conviction.
9.90.080 Subsequent violation for prostitution activity as separate crime.
9.90.100 Places of prostitution activity declared public nuisances.
9.90.110 Evidence of use for prostitution purposes.
9.90.120 Conviction as prima facie evidence.
9.90.010 Unlawful acts of prostitution or pandering – Adopted by reference.
KCC 12.63.010(A) through (F) are adopted by reference and it is unlawful for any person to engage or agree or offer to engage in sexual conduct, which includes “sexual intercourse” or “sexual contact,” as those terms are defined in RCW 9A.44.010, or to commit any of the following acts:
(1) To secure or offer to secure another for the purpose of committing an act of prostitution; or
(2) To knowingly transport a person into or within the city with purpose to promote that person’s engaging in prostitution, or procuring or paying for transportation with that purpose; or
(3) To knowingly receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; or
(4) To direct another to any place for the purpose of committing an act of prostitution; or
(5) To knowingly in any way aid, abet or participate in an act of prostitution. [Ord. 63 § 40, 1993]
9.90.020 Unlawful prostitution loitering – Adopted by reference.
KCC 12.63.010(G) is adopted by reference and it is unlawful for any person to remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of committing, or inducing, enticing, soliciting or procuring another to commit, an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are:
(1) That the actor is a known prostitute or panderer; or
(2) The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicles operators by hailing, waving of arms or any other bodily gesture; or
(3) The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or
(4) The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a policy officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. [Ord. 63 § 41, 1993]
9.90.030 Patronizing a prostitute – Adopted by reference.
(1) RCW 9A.88.110 is adopted by reference and a person is guilty of patronizing a prostitute if:
(a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.
(2) For purposes hereof, sexual conduct means “sexual intercourse” or “sexual contact” as those terms are defined in RCW 9A.44.010. [Ord. 63 § 42, 1993]
9.90.040 Known prostitute or panderer defined.
For the purpose of this chapter, a “known prostitute or panderer” is a person who, within one year previous to the date of arrest for violation of any provision of this chapter, has, within the knowledge of the arresting officer, or as shown by the records of any court, been convicted of violating any ordinance or law of any jurisdiction within the state of Washington defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution. [Ord. 63 § 43, 1993]
9.90.050 Sex of parties immaterial.
In any prosecution for prostitution, prostitution loitering, or any other prosecution related to prostitution activity, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that:
(1) Such persons were of the same sex; or
(2) The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female. [Ord. 63 § 44, 1993]
9.90.060 Unlawful permitting of prostitution or pandering.
A person is guilty of permitting prostitution or pandering if, having possession or control of premises which such person knows are being used for prostitution or pandering purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use. [Ord. 63 § 45, 1993]
9.90.070 Penalties upon prostitution conviction.
Any single violation of this chapter relating to an unlawful act of prostitution or pandering, an unlawful act of prostitution loitering, an unlawful act of permitting prosecution or pandering, or an unlawful act of patronizing a prostitute, within any period of 12 months, shall be a violation of city ordinance constituting a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. The court may suspend or defer a portion of the term of imprisonment or fine on condition that the convicted person never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing as a condition of suspension or deferral, pursuant to RCW 70.24.350, at the defendant’s expense; provided, however, that King County, as agent for the city pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person. [Ord. 63 § 46, 1993]
9.90.080 Subsequent violation for prostitution activity as separate crime.
It is a gross misdemeanor and a separate crime for any person to commit any violation of this chapter relating to unlawful acts of prostitution or pandering, unlawful acts of prostitution loitering, unlawful acts of permitting prostitution or pandering, or unlawful acts of patronizing a prostitute, when the person has previously violated a provision of this chapter relating to unlawful acts of prostitution or pandering, unlawful acts of prostitution loitering, unlawful acts of permitting prostitution or pandering, or unlawful acts of patronizing a prostitute, and the conviction date of the previous violation is within 12 months of the incident date of the new violation. The court may suspend all or a portion of the term of imprisonment or fine on condition that the convicted person never enter into, or be present in, any anti-prostitution emphasis area during the term of any such suspension or deferral. The court may further require AIDS testing and counseling, as a condition of suspension or deferral, pursuant to RCW 70.24.350, at the defendant’s expenses; provided, however, that King County, as agent for the city pursuant to interlocal agreement, may require such testing and counseling as provided in RCW 70.24.360 upon imprisonment in jail of any such convicted person. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 47, 1993]
9.90.090 Violation of conditions of release or conditions of suspension or deferral as separate crime.
The presence of any person within a designated area in violation of court-imposed conditions of release or conditions of suspension or deferral of any sentence shall constitute a separate crime designated a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. [Ord. 562 § 5 (Exh. A), 2012; Ord. 63 § 48, 1993]
9.90.100 Places of prostitution activity declared public nuisances.
Any building, structure or place within the city used for the purpose of prostitution or pandering as defined in this chapter is declared to be a public nuisance. [Ord. 63 § 49, 1993]
9.90.110 Evidence of use for prostitution purposes.
(1) Two or more criminal convictions of persons for acts of prostitution in a building, structure or place, within the one-year period preceding the commencement of an action under this chapter shall give rise to a rebuttable presumption that the building, structure or place has been used for the purposes of prostitution and is a public nuisance. In any action under this chapter, evidence of the common fame and general reputation of the building or place, of the inmates or occupants thereof, or of those resorting thereto, shall be admissible as evidence to prove the existence of the public nuisance but must be supported by additional evidence. Evidence of the general reputation of the building or place, or of the inmates or occupants thereof that is sufficient to establish the existence of the public nuisance, shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance by persons or legal entities having an interest in the property. Responsibility for the nuisance shall extend to the owners, lessors, lessees and all those in interest in any form in the property, real or persons, used in conducting or maintaining the public nuisance.
(2) Evidence of cooperation, by owners, agents or managers of a building or place, with police investigations or operations to control prostitution, may be used to rebut the presumptions created in this chapter. [Ord. 63 § 50, 1993]
9.90.120 Conviction as prima facie evidence.
Any conviction of any owner, manager, operator, agent or employee for promoting prostitution, for prostitution or pandering, for prostitution loitering, or for permitting prostitution, when such offense was related to any business or commercial enterprise, shall be prima facie evidence that the building, structure or place upon or in which business or commercial enterprise is or was conducted, was used for prostitution. [Ord. 63 § 51, 1993]