Sec. 106-127. Solicitation for an illicit sexual act.
(a) It shall be unlawful for any person, while in
any place open to the public and whether as a pedestrian or in a motor
vehicle, to offer or consent to perform any illicit sexual act for money.
Furthermore, it shall be unlawful for any person, while in any place open to
the public and whether as a pedestrian or in a motor vehicle, to attempt to
induce, entice, solicit, pander, purchase or procure another to commit any
illicit sexual act for money. An illicit sexual act is defined as one or
more of the following:
(1) Prostitution;
(2) Sodomy for hire; or
(3) Masturbation for hire.
Any person in violation of this Code section shall be guilty of the offense
of idling and loitering for the purpose of committing an illicit sexual act.
(b) For the purpose of subsection (a) any person
shall include solicitors of illicit sexual acts or panderers, who solicit,
procure or purchase another to perform any illicit sexual act in exchange
for money, and who are commonly referred to as "johns" or "tricks".
(c) The following penalties shall be imposed upon
the conviction of the offense of idling and loitering for the purpose of
committing an illicit sexual act.
(1) First conviction. Punishment as provided in
section 1-8.
(2) Second conviction. Sixty days incarceration in
the city jail or stockade without a reduction in time.
(3) Third and subsequent convictions. Six months in
the city jail or stockade without a reduction in time.
(d) The following penalties shall be imposed upon
the conviction of subsection (a), (b) or (c) of this section.
(1) First conviction. A mandatory minimum term of
imprisonment of 15 days in the city jail and a minimum mandatory fine of
$250.00.
(2) Second conviction.
a. A mandatory term of 180 days imprisonment with a
minimum of 60 days of said sentence of imprisonment to be served in
confinement in the city jail. The remaining 120 days may be served on
probation as prescribed in subsection 2(b);
b. The sentencing court may, in its discretion,
require any person convicted of a second violation of subsection (a), (b) or
(c) of this Code section, as a special condition of probation, to leave the
corporate limits of the city and not return during the probationary period;
c. Any person convicted of a second violation of
subsection (a), (b) or (c) of this Code section shall also pay a fine of
$1,000.00.
(3) Third and subsequent convictions. A mandatory
term of six months of imprisonment in the city jail.
(4) None of the mandatory sentences referred to in
this Code section shall be suspended, probated, deferred or withheld, except
as provided herein.
(5) Nothing in this Code section shall affect the
sentencing court's authority to impose any other condition of probation as
set forth in O.C.G.A. § 42-8-5.
(6) The city solicitor may move the sentencing
court to impose a reduced or suspended sentence upon any person who is
convicted of a violation of this Code section and provides substantial
assistance in the identification, arrest, or conviction of any of his
accomplices, accessories, co-conspirators, or principals. Upon good cause
shown, the motion may be filed and heard in camera. The judge hearing the
motion may impose a reduced or suspended sentence if he finds that the
defendant has rendered such substantial assistance.
(7) All fines paid to and collected by the Atlanta
Municipal and City Court pursuant to conviction under this section shall be
deposited to the Inmate Welfare Program Trust Fund, 3PO2494008121CL9999, to
defray the cost of inmate programs and services in the department of
corrections.
(Code 1977, § 17-2004; Ord. No. 1996-76, 11-12-96; Ord. No. 1998-76, § 1,
10-22-98; Ord. No. 1998-89, § 1, 12-14-98)
State law references: Keeping a place of prostitution, O.C.G.A. §
16-6-10. |
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