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NJSA 2C:34-1 Prostitution Penalties

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%enneth Vercammen's &aw o''ice (ep(esents ini)i*als cha(+e with c(iminal an se(io*s
t(a''ic )iolations th(o*+ho*t New Je(se,
2C:34-1 Prostitution and related offenses.
Prostitution and Related Offenses. a. As used in this section: (1)
"Prostitution" is sexual activity with another person in exchange for soething of
econoic value! or the offer or acceptance of an offer to engage in sexual activity in
exchange for soething of econoic value. (") "#exual activity" includes! $ut is
not liited to! sexual intercourse! including genital%genital! oral%genital! anal%genital! and
oral%anal contact! whether $etween persons of the sae or opposite sex& astur$ation&
touching of the genitals! $uttoc's! or feale $reasts& sadistic or asochistic a$use and
other deviate sexual relations. (() ")ouse of prostitution" is any place where
prostitution or prootion of prostitution is regularly carried on $y one person under the
control! anageent or supervision of another. (*) "Prooting prostitution" is:
(a) Owning! controlling! anaging! supervising or otherwise 'eeping! alone or in
association with another! a house of prostitution or a prostitution $usiness& ($)
Procuring an inate for a house of prostitution or place in a house of prostitution for one
who would $e an inate& (c) +ncouraging! inducing! or otherwise purposely
causing another to $ecoe or reain a prostitute& (d) #oliciting a person to
patroni,e a prostitute& (e) Procuring a prostitute for a patron& (f)
-ransporting a person into or within this #tate with purpose to proote that person.s
engaging in prostitution! or procuring or paying for transportation with that purpose& or
(g) /nowingly leasing or otherwise peritting a place controlled $y the actor!
alone or in association with others! to $e regularly used for prostitution or prootion of
prostitution! or failure to a'e a reasona$le effort to a$ate such use $y e0ecting the tenant!
notifying law enforceent authorities! or other legally availa$le eans. $. A
person coits an offense if: (1) -he actor engages in prostitution& (")
-he actor prootes prostitution& (() -he actor 'nowingly prootes prostitution
of a child under 11 whether or not the actor ista'enly $elieved that the child was 11
years of age or older! even if such ista'en $elief was reasona$le& (*) -he actor
'nowingly prootes prostitution of the actor.s child! ward! or any other person for whose
care the actor is responsi$le& (2) -he actor copels another to engage in or
proote prostitution& (3) -he actor prootes prostitution of the actor.s spouse& or
(4) -he actor 'nowingly engages in prostitution with a person under the age of
11! or if the actor enters into or reains in a house of prostitution for the purpose of
engaging in sexual activity with a child under the age of 11! or if the actor solicits or
re5uests a child under the age of 11 to engage in sexual activity. 6t shall $e no defense to a
prosecution under this paragraph that the actor ista'enly $elieved that the child was 11
years of age or older! even if such ista'en $elief was reasona$le. c. 7rading of
offenses under su$section $. (1) An offense under su$section $. constitutes a
crie of the second degree if the offense falls within paragraph (() or (*) of that
su$section. (") An offense under su$section $. constitutes a crie of the third
degree if the offense falls within paragraph (2)! (3) or (4) of that su$section. (()
An offense under paragraph (") of su$section $. constitutes a crie of the third degree if
the conduct falls within su$paragraph (a)! ($)! or (c) of paragraph (*) of su$section a.
Otherwise the offense is a crie of the fourth degree. (*) An offense under
su$section $. constitutes a disorderly persons offense if the offense falls within paragraph
(1) of that su$section except that a second or su$se5uent conviction for such an offense
constitutes a crie of the fourth degree. 6n addition! where a otor vehicle was used in
the coission of any offense under paragraph (1) of su$section $. the court shall suspend
for six onths the driving privilege of any such offender who has a valid driver.s license
issued $y this #tate. 8pon conviction! the court shall iediately collect the offender.s
driver.s license and shall forward it! along with a report stating the first and last day of the
suspension iposed pursuant to this paragraph! to the 9ew :ersey ;otor <ehicle
=oission. d. Presuption fro living off prostitutes. A person! other than the
prostitute or the prostitute.s inor child or other legal dependent incapa$le of self%support!
who is supported in whole or su$stantial part $y the proceeds of prostitution is presued
to $e 'nowingly prooting prostitution. e. 6t is an affirative defense to
prosecution for a violation of this section that! during the tie of the alleged coission
of the offense! the defendant was a victi of huan traffic'ing pursuant to section 1 of
P.>."??2! c.44 (=."=:1(%1) or the defendant was under the age of 11.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT A!
2-.3 /oo0(i+e A)e.
1ison2 NJ -##13
332-.32--.--
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