To repeal sections 567.010 and 567.020, RSMo 1994, relating to prostitution, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 567.010 and 567.020, RSMo 1994, are repealed and four new sections enacted in lieu thereof, to be known as sections 191.651, 567.010, 567.020 and 567.022, to read as follows:

191.651. Any person arrested for the crime of prostitution, as defined in section 567.020, RSMo, shall undergo HIV testing without the right of refusal.

567.010. As used in this chapter, the following terms mean:

(1) "Promoting prostitution", a person promotes prostitution if, acting other than as a prostitute or a patron of a prostitute, [he] the person knowingly

(a) Causes or aids [a person] another to commit or engage in prostitution; or

(b) Procures or solicits patrons for prostitution; or

(c) Provides persons or premises for prostitution purposes; or

(d) Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or

(e) Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby [he] the person participates or is to participate in proceeds of prostitution activity; or

(f) Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution;

(2) "Prostitution", a person commits prostitution if [he] the person engages or offers or agrees to engage in sexual conduct with another [person] in return for something of value to be received by the person or by a third person;

(3) "Patronizing prostitution", a person patronizes prostitution if

(a) Pursuant to a prior understanding, [he] the person gives something of value to another person as compensation for that person or a third person having engaged in sexual conduct with [him] the person or with another; or

(b) [He] The person gives or agrees to give something of value to another person on an understanding that in return therefor that person or a third person will engage in sexual conduct with [him] the person or with another; or

(c) [He] The person solicits or requests another person to engage in sexual conduct with [him] the person or with another, or to secure a third person to engage in sexual conduct with [him] the person or with another, in return for something of value;

(4) "Sexual conduct" occurs when there is

(a) "Sexual intercourse" which means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results; or

(b) "Deviate sexual intercourse" which means any sexual act involving the genitals of one person and the mouth, hand, tongue or anus of another person; or

(c) "Sexual contact" which means any touching, manual or otherwise, of the anus or genitals of one person by another, done for the purpose of arousing or gratifying sexual desire of either party;

(5) "Something of value" means any money or property, or any token, object or article exchangeable for money or property.

567.020. 1. A person commits the crime of prostitution if [he] the person performs an act of prostitution.

2. Prostitution is a class B misdemeanor.

3. The judge may order any person found guilty of prostitution to participate in a drug and alcohol abuse treatment program, either after trial or upon a plea of guilty, before sentencing. Upon the successful completion of such program by the person, the court shall allow the person to withdraw the plea of guilty or reverse the verdict and enter a judgment of not guilty.

4. A person who has pled guilty to or been found guilty of prostitution on three separate occasions and who commits the crime of prostitution is guilty of a class D felony. For the purpose of this subsection, a person who has a guilty plea or finding of guilt withdrawn or reversed pursuant to subsection 3 of this section shall not be considered to have pled guilty or been found guilty of prostitution.

567.022. A person who knows, or should have known, that such person has tested positive for HIV, as defined in subdivision (5) of section 191.650, RSMo, and commits the crime of prostitution is guilty of a class C felony.