§ 19-5. Prostitution—Generally.

(a)

The following definitions apply to this section:

(1)

Prostitution means the act of performing sexual activity for hire by a male or female person.

(2)

Sexual activity means vaginal or anal intercourse, fellatio, cunnilingus, anilingus, masturbation, sodomy or bestiality.

(b)

A person is guilty of a misdemeanor who:

(1)

Offers to, agrees to, or commits an act of prostitution; or

(2)

Solicits or hires another person to commit an act of prostitution.

(c)

A violation of this section is a misdemeanor. A minimum term of imprisonment shall be imposed upon a person convicted of violating this section in accordance with the following:

(1)

For the first conviction, ten (10) days.

(2)

For a second conviction, thirty (30) days.

(3)

For a third conviction, sixty (60) days.

(4)

For a fourth or subsequent conviction, one hundred eighty (180) days.

In no case shall a person be eligible for suspension or commutation of a sentence unless such person is placed on probation with the condition that the minimum mandatory term of imprisonment be served.

(Code 1972, § 7-304)