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Home My WebLink AboutA004 - Copies of Iowa law pertaining to prostitution AMES CITY OF AMES CITY ATTORNEY'S OFFICE P.O.BOX 811 AMES IOWA 50010 Community-University-Opportunity 515 CLARK AVENUE PHONE 515-239-5146 A FAX 515-239-5142 August 27, 1996 r A►_IG 2 71996 CITY EEFK L-ILITY OF AMES,IIWA The Honorable Larry R. Curtis, Mayor, and Members of the City Council of the City of Ames, Iowa Re: Prostitution Law: Dear Mayor Curtis and Council Members: Relative to the discussion of enactment of an ordinance to regulate touching of and by certain entertainers, Council member Quirmbach today asked that I distribute at the Council meeting copies of the Iowa law pertaining to prostitution. With this are copies of Sections 702.17 and 725.1,Code of Iowa. Yours truly, John R. Klaus City Attorney JRK:gmw Enclosures E PARTIES TO CRIME,§703.1 �1 4 Sex act tion of whether a particular fetus is viable is a matter The to . '^inn"sex act"or"sexual activity"means any of responsible medical judgment. sexual contact between two or more persons by:pen- [C79, 81, §702.201 titration of the penis into the vagina or anus;contact between the mouth and genitalia or by contact be- 702.21 Incendiary device. tureen the genitalia of one person and the genitalia An"incendiary device"is a device,contrivance,or k or anus of another person;contact between the finger material causing or designed to cause destruction of or hand of one person and the genitalia or anus of property by fire. another person,except in the course of examination [C71, 73, 75, 77, §697.10(2); C79,81, §702.21] or treatment by a person licensed pursuant to chap- 702.22 Libra materials and equipment. ter 148, 148C, 150, 150A, 151, or 152; or by use of plates, ic- artificial sexual organs or substitutes therefor in 1. "Library materials"include books,p ,P tuees,photographs,engravings,paintings,drawings, contact with the genitalia or anus. maps, magazines, pamphlets, broad- [C75,77, §725.1(7);C79, 81, §702.171 P newspapers,P Persg 89 Acts, ch 105, §l;89 Acts, ch 296, §86 sides,manuscripts,documents,letters,public records, microforms,sound recordings,audiovisual materials 702.18 Serious injury. in any format,magnetic or other tapes,electronic data "Serious injury"means disabling mental illness,or processing records,artifacts,and written or printed bodily injury which creates a substantial risk of materials regardless of physical form or character- death or which causes serious permanent disfigure- istics, belonging to, on loan to, or otherwise in the ment,or protracted loss or impairment of the func- custody of any of the following: tion of any bodily member or organ,and includes but a. A public library. is not limited to skull fractures, rib fractures, and b. A library of an educational,historical,or elee- metaphyseal fractures of the long bones of children mosynary museum. tittution, organization,or society. under the age of four years. cd.. A repository of public records. [C51, §2577;R60, §4200;C73,§3857;C97,§4752; 2 "Library equipment"includes audio,visual,or C24,27, 31,35, 39, §12928;C46, 50, 54, 58, 62, 66, 71,73, 75, 77, §693.1; C79,81, §702.181 audiovisual machines, machinery or equipment be- 94 Acts, ch 1172, §41 longing to, on loan to or otherwise in the custody Section amended of one of the institutions or agencies listed in subsec- tion 1. 702.19 Steal. [C81, §702.221 "Steal"means to take by theft. 85 Acts,ch 187,§1 [C79, 81, §702.191 702.23 Strip search. 702.20 Viability. "Strip search"means having a person remove or "Viability"is that stage of fetal development when arrange some or all of the person's clothing so as to the life of the unborn child may be continued indefi- permit an inspection of the genitalia,buttocks,anus, nitely outside the womb by natural or artificial life female breasts or undergarments of that person or a support systems.The time when viability is achieved physical probe of any body cavity. may vary with each pregnancy, and the determina- [C81, §702.231 1 CHAPTER 703 PARTIES TO CRIME 703.1 Aiding and abetting. 703.4 Responsibility of employers. 703.2 Joint criminal conduct. 703.5 Liability of corporations,partnerships and 703.3 Accessory after the fact. voluntary associations. 703.1 Aiding and abetting. mission of a crime must be determined upon the facts All persons concerned in the commission of a public which show the part the person had in it,and does not offense, whether they directly commit the act con- depend upon the degree of another person's guilt. stituting the offense or aid and abet its commission, [C51,§2928;R60, §4668;C73,§4314;C972§5299; shall be charged, tried and punished as principals. C24, 27, 31,35,39, §12895;C46,50, 54, 58,62,66, The guilt of a person who aids and abets the com- 71, 73, 75, 77, §688.1; C79,81, §703.11 Ch 725,VICE 5424 i CHAPTER 725 VICE 725.1 Prostitution. 725.10 Pool selling-places used. 725.2 Pimping. 725.11 Bullfights and other contests. 725.3 Pandering. 725.12 Lotteries and lottery tickets-definition. 725.4 Leasing premises for prostitution. 725.13 Definition of bookmaking. 725.5 Keeping gambling houses. 725.14 Exception for state racing and gaming 725.6 "Keeper"defined. commission and pari-mutuel betting. 725.7 Gaming and betting-penalty. 725.15 Exceptions for legal gambling. 725.8 Wagers-forfeiture. 725.16 Gambling penalty. 725.9 Possession of gambling devices prohibited- 725.17 Protection money prohibited. exception for manufacturing. 725.18 Collection service prohibited. I 725.1 Prostitution. ture or part thereof, boat, trailer or other place of- A person who sells or offers for sale the person's fering shelter or seclusion, and who knows, or has services as a partner in a sex act,or who purchases reason to know,that the lessee or tenant is using such or offers to purchase such services, commits an ag- for the purposes of prostitution, and who does not, gravated misdemeanor. immediately upon acquiring such knowledge,termi- [C97, §4943; C24, 27,31,35,39, §13173;C46,50, nate the tenancy or effectively put an end to such 54,58,62,66,71,73,75,77,§724.1;C79,81,§725.11 practice of prostitution in such place, commits a serious misdemeanor. 725.2 Pimping. [C51, §2712; R60, §4354; C73, §4015; C97,§4941; A person who solicits a patron for a prostitute, or C24, 27, 31, 35, 39, §13178; C46, 50, 54, 58,62, 66, who knowingly takes or shares in the earnings of a 71, 73, 75, 77, §724.6; C79, 81, §725.41 prostitute,or who knowingly furnishes a room or other place to be used for the purpose of prostitution,wheth- 725.5 Keeping gambling houses. er for compensation or not,commits a class"D"felony. Any person who keeps a house, shop, or place re- [C51, §2710;R60, §4352; C73, §4013; C97, §4939; sorted to for the purpose of gambling,or permits any j S13,§4975-c;C24,27,31,35,39,§13174,13175;C46, person in any house, shop, or other place under the 50,54,58,62,66, 71, 73, 75, 77, §724.2, 724.3;C79, person's control or care to conduct bookmaking or to 81, §725.21 play at cards, dice, faro, roulette, equality, punch- board,slot machine or other game for money or other 725.3 Pandering. thing, commits a serious misdemeanor. 1. A person who persuades,arranges,coerces,or• [C51, §2721;R60, §4363; C73, §4026; C97, §4962; otherwise causes another, not a minor, to become a C24, 27, 31, 35, 39, §13198; C46, 50, 54, 58,62,66, prostitute or to return to the practice of prostitution 71, 73, 75, 77, §726.1; C79,81, §725.51 after having abandoned it,or keeps or maintains any Sections 725.5 to 725.18 were not enacted as a part of the criminal code premises for the purposes of prostitution or takes a but were transferred here from§726.1 to 726.16,code 1977 share in the income from such premises knowing the character and content of such income, commits a 725.6 "Keeper"defined. class"D"felony. In a prosecution under section 725.5, any person 2. A person who persuades,arranges,coerces,or who has the charge of or attends to any such house, otherwise causes a minor to become a prostitute or to shop, or place is the keeper thereof return to the practice of prostitution after having [C51, §2721;R60,§4363; C73, §4026; C97,§4962; abandoned it,or keeps or maintains any premises for C24, 27, 31, 35, 39, §13199; C46, 50, 54, 58,62,66, the purpose of prostitution involving minors or know- 71, 73, 75, 77, §726.2; C79, 81, §725.61 ingly shares in the income from such premises know- ing the character and content of such income, com- 725.7 Gaming and betting-penalty. mits a class"C"felony. 1. Except as permitted in chapters 99B and 991), [C51, §2584;R60, §4207; C73, §3865; C97, §4760; a person shall not do any of the following: ? j I 513, §4944-i,j; C24, 27, 31, 35, 39, §13179, 13181, a. Participate in a game for any sum of money or 13182;C46,50,54,58,62,66,71,73,75,77,§724.7, other property of any value. 724.9, 724.10; C79, 81, §725.31 b. Make any bet. 86 Acts, ch 1046, §2; 87 Acts, ch 115, §82 c. For a fee, directly or indirectly, give or accept anything of value to be wagered or to be transmitted 725.4 Leasing premises for prostitution. or delivered for a wager to be placed within or without A person who has rented or let any building,struc- the state of Iowa.