PROSTITUTION AND RELATEDPROSTITUTION AND RELATEDPROSTITUTION AND RELATEDPROSTITUTION AND RELATEDPROSTITUTION AND RELATED
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I. STATUTORY BASIS
The statutory scheme relating to prostitution is set
forth in N.J.S.A. 2C:34-1 and N.J.S.A. 2C:34-1.1. The
statutes are not to be used to penalize private, consensual
sexual activity, but rather are specifically addressed to the
business of prostitution. See State v. Wright, 235
N.J.Super. 97, 100 (App. Div. 1989).
N.J.S.A. 2C:34-1 defines prostitution as sexual
activity with another person in exchange for something of
economic value, or the offer or acceptance of such an
exchange. Sexual activity is broadly defined, beyond just
sexual intercourse, to include any other sexual activity,
between persons of the same or opposite sex. See N.J.S.A.
2C:34-1a(2). This statute was enacted by the Legislature
“with the clear intent to include and prohibit any and all
forms of sexual activity in exchange for money.” State v.
Wright, 235 N.J.Super. at 100.
II. PROSTITUTION OFFENSES
Under N.J.S.A. 2C:34-1, there are seven offenses
involving or related to prostitution.
A. Prostitution. N.J.S.A. 2C:34-1b(1)
Engaging in prostitution is a disorderly persons
offense, unless it is a second or succeeding offense, in
which case it is a fourth degree offense. If a car is involved
in the offense, the individual prosecuted has his or her
license suspended for six months. N.J.S.A. 2C:24-1c(4).
B. Promoting prostitution. N.J.S.A. 2C:24-1b(2)
Promoting prostitution is defined in seven ways,
according to N.J.S.A. 2C:34-1a(4), and these forms of
promoting, along with their punishments, are:
- Owning, controlling, managing, supervising or
otherwise keeping, along or in association with another,
a house of prostitution or a prostitution business. A
“house of prostitution” is any place where prostitution is
regularly carried on by one person under the control,
management or supervision of another. See N.J.S.A.
2C:34-1a(3). This is a third degree crime. See N.J.S.A.
2C:34-1c(3). - “Procuring an inmate for a house of prostitution or
place in a house of prostitution for one who would be an
inmate.” This is a third degree crime. See N.J.S.A.
2C:34-1c(3). - Encouraging, inducing or otherwise purposely
causing another to become or remain a prostitute. This
is a third degree crime. See N.J.S.A. 2C:34-1c(3). - Soliciting a person to patronize a prostitute. This
is a fourth degree crime. See N.J.S.A. 2C:34-1c(3). - Procuring a prostitute for a patron. This is a fourth
degree crime. See N.J.S.A. 2C:34-1c(3). - 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. This is a fourth degree crime. See
N.J.S.A. 2C:34-1c(3). - Leasing or otherwise permitting a place controlled
by the actor, alone or in association with others, to be
regularly used for prostitution or promotion of
prostitution, or failure to make a reasonable effort to abate
such use by ejecting the tenant, notifying law
enforcement authorities, or other legally available means.
This is a fourth degree crime. N.J.S.A. 2C:34-1c(3).
C. Knowingly promoting prostitution of a child under
eighteen whether or not the actor mistakenly believed
that the child was eighteen years of age or older, even if
such mistaken belief was reasonable. This is a second
degree crime. N.J.S.A. 2C:34-1c(1).
D. The actor knowingly promotes prostitution of the
actor’s child, ward, or any other person for whose care the
actor is responsible. This is a second degree crime.
N.J.S.A. 2C:34-1c(1).
E. The actor compels another to engage in or promote
prostitution. This is a third degree crime. N.J.S.A.
2C:34-1c(2).
F. The actor promotes prostitution of the actor’s spouse.
This is a third degree crime. N.J.S.A. 2C:34-1c(2).
G. The actor knowingly engages in prostitution with a
person under the age of eighteen, or if the actor enters into
or remains in a house of prostitution for the purpose of
engaging in sexual activity with a child under the age of
eighteen, or if the actor solicits or requests a child under
the age of eighteen to engage in sexual activity. It is not