§ 18-26. Prostitution.

(a)

For the purposes of this section, the following terms shall mean:

Patronizing prostitution: A person "patronizes prostitution" if:

(1)

Pursuant to a prior understanding, he gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with him or with another; or

(2)

He gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with him or with another; or

(3)

He solicits or requests another person to engage in sexual conduct with him or with another, or to secure a third person to engage in sexual conduct with him or with another, in return for something of value.

Prostitution: A person commits "prostitution" if he engages or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by the person or by a third person.

Sexual conduct. "Sexual conduct" occurs when there is:

(1)

"Sexual intercourse" which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or

(2)

"Deviate sexual intercourse" which means any sexual act involving the genitals of one (1) person and the mouth, tongue or anus of another person; or

(3)

"Sexual contact" which means any touching, manual or otherwise, of the anus or genitals of one (1) person by another, done for the purpose of arousing or gratifying sexual desire of either party.

Something of value. "Something of value" means any money or property, or any token, object or article exchangeable for money or property.

(b)

No person shall perform an act of prostitution.

(c)

No person shall patronize prostitution.

(d)

In any prosecution for prostitution or patronizing a prostitute, the sex of the two (2) parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

(1)

Both persons were of the same sex; or

(2)

The person who received, agreed to receive or solicited something of value was a male and the person who gave or agreed or offered to give something of value was a female.

(Code 1974, § 16-2)

State law reference

Similar provisions, RSMo. § 567.010.