Section 712-1209.5 - Habitual commercial sexual exploitation(1) A person commits the offense of habitual commercial sexual exploitation if the person is a habitual commercial sexual exploitation offender and provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.(2) For the purposes of this section, a person has the status of a "habitual commercial sexual exploitation offender" if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for: (a) Commercial sexual exploitation, in violation of section 712-1200.5;(b) Street prostitution and commercial sexual exploitation, in violation of section 712-1207(1)(b) or (2)(b);(c) Habitual commercial sexual exploitation, in violation of this section;(d) An offense of this jurisdiction or any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or(e) Any combination of the offenses in paragraph (a), (b), (c), or (d). A conviction for purposes of this section is a judgment on the verdict or a finding of guilt, or a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the conviction shall not have been expunged by pardon, reversed, or set aside.
(3) Habitual commercial sexual exploitation is a class C felony.Amended by L 2021, c 68,§ 10, eff. 6/24/2021.Repeal date deleted by L 2011, c 145, § 10, eff. 7/1/2011.Amended by L 2011, c 145, § 9, eff. 7/1/2011.Repeal date amended by L 2010, c 95, § 1, eff. 6/29/2010.Added by L 2008, c 192, § 1.COMMENTARY ON § 712-1209.5
Act 145, Session Laws 2011, permanently established § 712-1209.5, the offense of habitual solicitation of prostitution, by deleting the sunset date of Act 192, Session Laws 2009 [as amended by Act 95, Session Laws 2010]. Act 145 also amended the habitual solicitation of prostitution offense to apply to those who habitually pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct and raised the offense to a class C felony. Conference Committee Report No. 76, Senate Standing Committee Report No. 1137.
.