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PROSTITUTION AND RELATEDPROSTITUTION AND RELATEDPROSTITUTION AND RELATEDPROSTITUTION AND RELATEDPROSTITUTION AND RELATED

OFFENSESOFFENSESOFFENSESOFFENSESOFFENSES

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:

1. 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).


2. “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).


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).


4. Soliciting a person to patronize a prostitute. This
   is a fourth degree crime. See N.J.S.A. 2C:34-1c(3).


5. Procuring a prostitute for a patron. This is a fourth
   degree crime. See N.J.S.A. 2C:34-1c(3).


6. 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).


7. 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