Promoting prostitution 1st degree
(1) A person may be found guilty of 1st degree promoting prostitution if he knowingly advances prostitution:
(a) By forcing a person by threat or force to engage in prostitution
(b) By profiting from prostitution which results from such threats or force
(c) By compelling a person with a mental incapacity or developmental disability that renders the person incapable of consent to engage in prostitution or profits from prostitution that results from such compulsion.
(2) Promoting prostitution in the first degree is a felony (class B).
Promoting prostitution 2nd degree.
(1) A person is guilty of promoting prostitution in the second degree if he or she knowingly:
(a) Profits from prostitution
(b) Advances prostitution
(2) Promoting prostitution in the second degree is a felony (class C).
What is the difference between 1st and 2nd Degree Promoting Prostitution?
The main difference between these two charges is the element of "threats or force." The forcing or threatening a prostitute to engage in the act of prostitution is the difference between the more serious first degree charge and the second degree charge. By depriving the prostitute of her free will the promoter or "pimp" may be charged with promoting prostitution in the 1st degree.
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