{
 "citation": "14:82",
 "heading": "Prostitution; definition; penalties; enhancement",
 "doc_id": "78677",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78677",
 "classification": "F",
 "enacted_year": "1977",
 "last_amended_year": "2017",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) Whoever commits the crime of prostitution shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) On a second conviction, the offender shall be fined not less than two hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both.",
   "los_min": "0",
   "los_max": "2Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(3)",
   "text": "(3) On a third and subsequent conviction, the offender shall be imprisoned, with or without hard labor, for not more than four years and shall be fined not less than five hundred dollars nor more than four thousand dollars.",
   "los_min": "0",
   "los_max": "4Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(4)",
   "text": "(4) Whoever commits the crime of prostitution with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.",
   "los_min": "15Y",
   "los_max": "50Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(5)",
   "text": "(5) Whoever commits the crime of prostitution with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.",
   "los_min": "25Y",
   "los_max": "50Y",
   "hard_labor": "AT",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:46.2",
  "14:46.3"
 ],
 "text": "RS 14:82\n\n2. OFFENSES CONCERNING PROSTITUTION\n\n\u00a782. Prostitution; definition; penalties; enhancement\n\nA. Prostitution is:\n\n(1) The practice by a person of indiscriminate sexual intercourse with others for\ncompensation.\n\n(2) The solicitation by one person of another with the intent to engage in\nindiscriminate sexual intercourse with the latter for compensation.\n\nB. As used in this Section, \"sexual intercourse\" means anal, oral, or vaginal sexual\nintercourse.\n\nC.(1) Whoever commits the crime of prostitution shall be fined not more than five\nhundred dollars or be imprisoned for not more than six months, or both.\n\n(2) On a second conviction, the offender shall be fined not less than two hundred\nfifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor,\nfor not more than two years, or both.\n\n(3) On a third and subsequent conviction, the offender shall be imprisoned, with or\nwithout hard labor, for not more than four years and shall be fined not less than five hundred\ndollars nor more than four thousand dollars.\n\n(4) Whoever commits the crime of prostitution with a person under the age of\neighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor\nfor not less than fifteen years nor more than fifty years, or both.\n\n(5) Whoever commits the crime of prostitution with a person under the age of\nfourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard\nlabor for not less than twenty-five years nor more than fifty years, or both.\n\nD. Any offense under this Section committed more than five years prior to the\ncommission of the offense with which the defendant is charged shall not be considered in the\nassessment of penalties under this Section.\n\nE. If the offense occurred as a result of a solicitation by the offender while the\noffender was located on a public road or highway, or the sidewalk, walkway, or public\nservitude thereof, the court shall sentence the offender to imprisonment for a minimum of\nninety days. If a portion of the sentence is suspended, the court may place the offender upon\nsupervised probation if the offender agrees, as a condition of probation, to perform two\nhundred forty hours of community service work collecting or picking up litter and trash on\nthe public roads, streets, and highways, under conditions specified by the court.\n\nF. All persons who are convicted of the offense of prostitution shall be referred to\nthe parish health unit for counseling concerning Acquired Immune Deficiency Syndrome. \nThe counseling shall be provided by existing staff of the parish health unit whose duties\ninclude such counseling.\n\nG.(1) It shall be an affirmative defense to prosecution for a violation of this Section\nthat, during the time of the alleged commission of the offense, the defendant was a victim\nof trafficking of children for sexual purposes as provided in R.S. 14:46.3(E). Any child\ndetermined to be a victim pursuant to the provisions of this Paragraph shall be eligible for\nspecialized services for sexually exploited children.\n\n(2) It shall be an affirmative defense to prosecution for a violation of this Section\nthat, during the time of the alleged commission of the offense, the defendant is determined\nto be a victim of human trafficking pursuant to the provisions of R.S. 14:46.2(F). Any\nperson determined to be a victim pursuant to the provisions of this Paragraph shall be\nnotified of any treatment or specialized services for sexually exploited persons to the extent\nthat such services are available.\n\nAmended by Acts 1977, No. 49, \u00a71; Acts 1987, No. 569, \u00a71; Acts 1988, No. 666, \u00a71;\nActs 1999, No. 338, \u00a71; Acts 2001, No. 403, \u00a71, eff. June 15, 2001; Acts 2001, No. 944, \u00a74;\nActs 2008, No. 138, \u00a71; Acts 2012, No. 446, \u00a71; Acts 2013, No. 83, \u00a71; Acts 2014, No. 564,\n\u00a71; Acts 2017, No. 281, \u00a71."
}