§ 54-253. Prostitution loitering.

(a)

It is unlawful for any person to commit the crime of prostitution loitering.

(b)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Known prostitute or panderer means a person, who within one year previous to the date of arrest for violation of this section, has within the present knowledge of the arresting officer been convicted of soliciting for prostitution, prostitution, or a crime against nature.

Present knowledge of the arresting officer means information known to the arresting officer at the time the arrest is made for violation of this section.

(c)

A person is guilty of prostitution loitering by remaining in a public place, when he or she has been convicted within the previous one year within the present knowledge of the arresting officer of soliciting for prostitution, prostitution, or a crime against nature, and engages in any of the following conduct:

(1)

Repeatedly beckons to, stops, or attempts to stop or engage passersby in conversation;

(2)

Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving arms or other body gestures; or

(3)

Is overheard by arresting officers engaging in a conversation soliciting or procuring another to commit prostitution.

(d)

This section shall not apply to persons having a bona fide reason for making such contacts, such as persons having a legitimate interest in commerce or a lawful purpose in communicating with others, including known prostitutes or panderers when engaged in behavior unrelated to prostitution, soliciting for prostitution or prostitution loitering.

(Code 1956, § 42-46)