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Prostitution Prohibition Act 2001 [31 MIRC Ch 5]

31 MIRC Ch. 5

MARSHALL ISLANDS REVISED CODE 2004

TITLE 31 - CRIMES AND PUNISHMENTS

CHAPTER 5.

ANTI-PROSTITUTION ACT

ARRANGEMENT OF SECTIONS

Section
§501. Short Title.
§502. Definitions.
§503. Offenses and Penalties.
§504. Prostitution houses deemed public Nuisance.
§505. Effective Date.

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An Act to prohibit prostitution and related activities in the Republic.
[Section numbering style modified to conform to Code format (Rev.2003)]

Commencement: October 18, 2001
Source P.L. 2001-32

§501. Short Title.

This Act may be cited as the Prostitution Prohibition Act, 2001. [P.L. 2001-32, §1.]

§502. Definitions.

In this Act, unless the context otherwise requires:

• (1) 'Engaging in prostitution' and its grammatical variations, occurs when 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.
• (2) 'Patronizing prostitution' and its grammatical variations, occurs when the person:
• • (a) pursuant to a prior understanding, gives something of value to another person as compensation for that other person or a third person to be, or having, engaged in sexual conduct with that other person or with another;
  • (b) gives or agrees to give something of value to another person on an understanding that in return therefore that person or a third person will engage in sexual conduct with the person or with another; or
  • (c) solicits or requests another person to engage in sexual conduct with the person or with another, or to secure a third person to engage in sexual conduct with the person or with another, in return for something of value.
    
• (3) 'Promoting prostitution', and its grammatical variations, occurs when the person, acting other than as a prostitute or a patron of a prostitute, knowingly:
  
  • (a) causes or aids a person 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 is involved in the operation, management, supervision, control, or ownership 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 other person whereby the person participates or is to participate in the proceeds of prostitution activity; or

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

(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.

(6) The term 'compelling' includes:

• (a) the use of forcible compulsion;
• (b) the use of a drug or intoxicating substance to render a person incapable of controlling his conduct or appreciating its nature; or
• (c) withholding or threatening to withhold a narcotic drug from a drug dependent person.

(7) 'Premises' includes any house, room, building, vehicles, ships, boats, watercrafts, vessels or other structures.

(8) 'proceeds of prostitution' means something of value as defined in this Act. [P.L. 2001-32, §2.]

§503. Offenses and Penalties.

(1) Any person who engages in prostitution commits a crime and shall upon conviction be punishable by a fine of up to $5,000 or a term of imprisonment not exceeding two (2) years, or both.

(2) Any person who patronizes prostitution commits a crime and shall upon conviction be punishable by a fine of up to $5,000 or a term of imprisonment not exceeding two (2) years, or both.

(3) Any person who promotes prostitution commits a crime and shall upon conviction be punishable by a fine of up to $10,000 or a term of imprisonment not exceeding 5 years, or both.

(4) In addition to all criminal penalties, the Foreign Investment Business License of a person convicted of any crime under this Section shall, where applicable, be revoked by the Registrar of Corporations.

(5) A person convicted of a crime under the provisions of this Act shall forfeit to the Republic any proceeds of prostitution derived by such person in connection with the unlawful act for which the conviction was made. [P.L. 2001-32, §3.]

§504. Prostitution houses deemed public nuisances.

(1) Any room, building or other structure regularly used for prostitution activity is prohibited by this Act as a public nuisance.

(2) The Attorney-General may, in addition to all criminal penalties, prosecute a suit to enjoin the nuisance. If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used regularly for such prostitution activity, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

(3) All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.[P.L. 2001-32, §4.]

§505. Effective Date

This Act shall take effect on the date of certification in accordance with Article IV, Section 21 of the Constitution.

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