Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.06 Offenses Against Decency and Morality

1. Prostitution Prohibited.
   It is unlawful for any person to commit any act of prostitution or prostitution loitering.
    
2. A person commits prostitution if the person engages or agrees or offers to engage in sexual conduct with another person in return for any form of compensation.
    

3. A person commits prostitution loitering if the person loiters in or near any thoroughfare or public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit prostitution. Among the circumstances which may be considered in determining whether the actor intends prohibited conduct are:

   1. the subject is a known prostitute or promoter of prostitution;

   2. repeatedly beckons to, stops, or attempts to stop, or engages in conversation with passersby;

   3. repeatedly stops or attempts to stop motor vehicle operators by hailing, waving arms, or any other bodily gesture;

   4. circles an area in a motor vehicle and repeatedly beckons, contacts, or stops pedestrians.
       

4. Definitions as used in this chapter include:

   1. “Known prostitute or promoter of prostitution” means a person who, within one year previous to the date of arrest for violation of this chapter, has within the knowledge of the arresting officer been convicted in any court of an offense involving prostitution.

   2. “Public place” is an area generally visible to public view including but not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, buildings open to the public including those which serve food/drink, doorways, and entrances to buildings not open to the general public, but which are open to a certain class or group of the general public through the use of club membership or affiliations with a club or organization, including but not limited to the United States Armed Forces.

   3. “Sexual conduct” means “sexual intercourse” as defined in RCW 9A.44.010(1), or “sexual contact” as defined in RCW 9A.44.010(2).
       
5. Defense.
   It shall not be a defense to any part of this chapter that the sex of the parties or prospective parties to an act of prostitution or contemplated act of prostitution is the same. Further, it shall not be a defense to any act in this chapter that the person who received, agreed to receive or solicited a fee was male, and the person who paid or agreed to pay such was female.
    
6. Penalty.
   Prostitution loitering and prostitution are both misdemeanors. Upon conviction for either offense, said person shall be punished by a fine of not more than one thousand dollars, confinement of up to ninety days, or a combination of a fine and confinement.

Date Passed: Monday, July 21, 2008

Effective Date: Wednesday, August 27, 2008

ORD C34269 Section 1