Missouri PROSTITUTION LAWS

Missouri Prostitution Laws| XXXVIII Crimes and Punishment; Peace Officers and Public Defenders – Chapter 567 Prostitution

567.010. Chapter definitions.  As used in this chapter, the following terms mean:

 (1) “Deviate sexual intercourse”, any sexual act involving the genitals of one person and the mouth, hand, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis, the female genitalia, or the anus by a finger, instrument, or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;

(2) “Persistent prostitution offender”, a person who has been found guilty of two or more prostitution-related offenses;

(3) “Prostitution-related offense”, any violation of state law for prostitution, patronizing prostitution, or promoting prostitution;

(4) “Sexual conduct”, sexual intercourse, deviate sexual intercourse, or sexual contact;

(5) “Sexual contact”, any touching of another person with the genitals or any touching of the genitals or anus of another person or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person or for the purpose of terrorizing the victim;

(6) “Sexual intercourse”, any penetration, however slight, of the female genitalia by the penis;

(7) “Something of value”, any money or property, or any token, object or article exchangeable for money or property.

567.020. Prostitution — penalty — no certification as an adult, when.

1. A person commits the offense of prostitution if he or she engages in or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by any person.

2. The offense of prostitution is a class B misdemeanor unless the person knew prior to performing the act of prostitution that he or she was infected with HIV in which case prostitution is a class B felony. The use of condoms is not a defense to this offense.

3. As used in this section, “HIV” means the human immunodeficiency virus that causes acquired immunodeficiency syndrome.

4. The judge may order a drug and alcohol abuse treatment program for any person found guilty of prostitution, either after trial or upon a plea of guilty, before sentencing. For the class B misdemeanor offense, upon the successful completion of such program by the defendant, the court may at its discretion allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty. For the class B felony offense, the court shall not allow the defendant to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty. The judge, however, has discretion to take into consideration successful completion of a drug or alcohol treatment program in determining the defendant’s sentence.

5. A person shall not be certified as an adult or adjudicated as a delinquent for the offense of prostitution under this section if the person was under the age of eighteen at the time the offense occurred.  In such cases where the person was under the age of eighteen, the person shall be classified as a victim of abuse, as defined under section 210.110, and such abuse shall be reported immediately to the children’s division, as required under section 210.115 and to the juvenile officer for appropriate services, treatment, investigation, and other proceedings as provided under chapters 207, 210, and 211.  Upon request, the local law enforcement agency and the prosecuting attorney shall assist the children’s division and the juvenile officer in conducting the investigation.

567.030. Patronizing prostitution — penalty. 

1. A person commits the offense of patronizing prostitution if he or she:

(1) Pursuant to a prior understanding, gives something of value to another person as compensation for having engaged in sexual conduct with any person; or

(2) Gives or agrees to give something of value to another person with the understanding that such person or another person will engage in sexual conduct with any person; or

(3) Solicits or requests another person to engage in sexual conduct with any person in return for something of value.

2. It shall not be a defense that the person believed that the individual he or she patronized for prostitution was eighteen years of age or older.

3. The offense of patronizing prostitution is a class B misdemeanor, unless the individual who the person patronizes is less than eighteen years of age but older than fourteen years of age, in which case patronizing prostitution is a class E felony.

4. The offense of patronizing prostitution is a class D felony if the individual who the person patronizes is fourteen years of age or younger. Nothing in this section shall preclude the prosecution of an individual for the offenses of:

(1)  Statutory rape in the first degree pursuant to section 566.032;

(2)  Statutory rape in the second degree pursuant to section 566.034;

(3)  Statutory sodomy in the first degree pursuant to section 566.062; or

(4)  Statutory sodomy in the second degree pursuant to section 566.064.

567.050. Promoting prostitution in the first degree — penalties — civil action for victims — restitution. 

1.  A person commits the offense of promoting prostitution in the first degree if he or she knowingly:

(1) Promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution;

(2) Promotes prostitution of a person less than sixteen years of age; or

(3) Owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another. As used in this subdivision, the term “interactive computer service” shall mean any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

2. The term “compelling” includes:

(1) The use of forcible compulsion;

(2) The use of a drug or intoxicating substance to render a person incapable of controlling his conduct or appreciating its nature;

(3) Withholding or threatening to withhold dangerous drugs or a narcotic from a drug dependent person.

3. (1) The offense of promoting prostitution in the first degree under subdivision (1) or (3) of subsection 1 of this section is a class B felony.

(2) The offense of promoting prostitution in the first degree under subdivision (3) of subsection 1 of this section is a class A felony if a person acts in reckless disregard of the fact that such conduct contributed to the offense of trafficking for the purposes of sexual exploitation under section 566.209.

(3) The offense of promoting prostitution in the first degree under subdivision (2) of subsection 1 of this section is a felony punishable by a term of imprisonment not less than ten years and not to exceed fifteen years.

4. A person injured by the acts committed in violation of subdivision (3) of subsection 1 of this section or subdivision (2) of subsection 3 of this section shall have a civil cause of action to recover damages and reasonable attorneys’ fees for such injury.

5. In addition to the court’s authority to order a defendant to make restitution for the damage or loss caused by his or her offense as provided in section 559.105, the court shall enter a judgment of restitution against the defendant convicted of violating subdivision (3) of subsection 1 of this section and subdivision (2) of subsection 3 of this section.

567.060. Promoting prostitution in the second degree — penalty. 

1. A person commits the offense of promoting prostitution in the second degree if he or she knowingly:

(1) Promotes prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or

(2) Promotes prostitution of a person sixteen or seventeen years of age.

2. The offense of promoting prostitution in the second degree is a class D felony.

567.070. Promoting prostitution in the third degree — penalty. 

1. A person commits the offense of promoting prostitution in the third degree if he or she knowingly:

(1) Causes or aids a person to commit or engage in prostitution;

(2) Procures or solicits patrons for prostitution;

(3) Provides persons or premises for prostitution purposes;

(4) Operates or assists in the operation of a house of prostitution or a prostitution business or enterprise;

(5) Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in proceeds of prostitution activity; or

(6) Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

2. The offense of promoting prostitution in the third degree is a class E felony.

567.080. Prostitution houses deemed public nuisances. 

1. Any room, building or other structure regularly used for any prostitution activity prohibited by this chapter is a public nuisance.

2. The attorney general, circuit attorney or prosecuting attorney may, in addition to all criminal sanctions, prosecute a suit in equity to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

3. All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance, and they may be enjoined from engaging in any prostitution activity anywhere within the jurisdiction of the court.

4. Appeals shall be allowed from the judgment of the court as in other civil actions.

567.085.  Promoting travel for prostitution — penalty. 

1.  A person commits the offense of promoting travel for prostitution if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in prostitution as defined by section 567.020.

2.  The offense of promoting travel for prostitution is a class D felony.

567.087. Prohibitions on travel agencies or tour operators — rebuttable presumption, advertisements. 

1.  No travel agency or charter tour operator shall:

(1)  Promote travel for prostitution as described in section 567.085;

(2)  Sell, advertise, or otherwise offer to sell travel services or facilitate travel: 

(a)  For the purpose of engaging in a commercial sex act as defined in section 566.010;

(b)  That consists of tourism packages or activities using and offering any sexual contact as defined in section 566.010 as enticement for tourism; or

(c)  That provides or purports to provide access to or that facilitates the availability of sex escorts or sexual services. 

2. There shall be a rebuttable presumption that any travel agency or charter tour operator using advertisements that include the term “sex tours” or “sex travel” or include depictions of human genitalia is in violation of this section. 

567.089. Offering travel for purpose of prostitution prohibited — penalties. 

1. No travel agency or charter tour operator shall engage in selling, advertising, or otherwise offering to sell travel services, tourism packages, or activities that solicit, encourage, or facilitate travel for the purpose of engaging in prostitution.

2. Upon violation of this section by a travel agency or charter tour operator, the secretary of state shall revoke the articles of incorporation of the travel agency or charter tour operator. The secretary of state, as part of a proceeding brought under this section, may order a freeze of the bank or deposit accounts of the travel agency or charter tour operator.

567.090. Preemption and standardization.  

The general assembly by enacting this chapter intends to preempt any other regulation of the area covered by felony sections 567.050 through 567.070, to promote statewide control of prostitution, and to standardize laws that governmental subdivisions may adopt in other areas covered by this chapter.  No governmental subdivision may enact or enforce a law that makes any conduct in the area covered by sections 567.050 through 567.070 subject to a criminal or civil penalty or sanction of any kind. Cities and towns may enact and enforce laws prohibiting and penalizing conduct subject to criminal or civil penalties or sanctions under other provisions of this chapter, but the provisions of such laws shall be the same and the authorized penalties or sanctions under such laws shall not be greater than those of this chapter.  Cities and towns may also enact and enforce laws prohibiting and penalizing public solicitation of sexual conduct, whether or not the offer to engage in sexual conduct is in return for something of value, and health laws to prevent the spread of venereal diseases.

567.100. Responsibilities of prosecuting attorneys and attorney general. 

In addition to the responsibility of circuit attorneys and prosecuting attorneys in their respective jurisdictions to enforce the criminal provisions of this chapter, they shall have the duty to enforce the provisions of section 567.080; and the attorney general shall have a concurrent duty to enforce the civil provisions of section 567.080.

567.110. Persistent prostitution offender — penalty. 

Any person who has been found guilty of a violation of section 567.020 or 567.030 and who is alleged and proved to be a persistent prostitution offender is guilty of a class E felony.

567.120. HIV testing for persons arrested for a prostitution-related offense. 

Any person arrested for a prostitution-related offense, who has been found guilty of a prior prostitution-related offense, may, within the sound discretion of the court, be required to undergo HIV testing as a condition precedent to the issuance of bond for the offense.