§712-1206 Loitering for the purpose of engaging in or advancing prostitution.

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(1)For the purposes of this section:

"Public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building that fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.

(2)Any person who remains or wanders about in a public place and repeatedly:

(a)Beckons to, stops, or attempts to stop or engage passers-by in conversation;

(b)Stops or attempts to stop motor vehicles; or

(c)Interferes with the free passage of other persons,

for the purpose of committing the crime of prostitution as that term is defined in section 712-1200 shall be guilty of a violation.

(3)Any person who remains or wanders about in a public place and repeatedly:

(a)Beckons to, stops, or attempts to engage passers-by in conversation;

(b)Stops or attempts to stop motor vehicles; or

(c)Interferes with the free passage of other persons,

for the purpose of committing the crime of advancing prostitution as that term is defined in section 712-1201(1) shall be guilty of a petty misdemeanor.

(4)Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:

(a)Be arrested, charged, prosecuted, or convicted;

(b)Have their property be subject to civil forfeiture; or

(c)Otherwise be penalized,

pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense. [L 1991, c 275, §1; am L 2025, c 261, §3]

COMMENTARY ON §712-1206

Act 275, Session Laws 1991, prohibits loitering in a public place for the purpose of engaging in or advancing prostitution. This section was created to help protect unwilling victims from repeated harassment, interference and assault by aggressive prostitutes in our public places. Senate Standing Committee Report No. 1050.

Act 261, Session Laws 2025, amended this section to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. The legislature found that sex trafficking remained a serious issue in the State. Survivors often face significant barriers to seeking help, including fear of prosecution, stigma, and a lack of access to trauma-informed care. The legislature further found that criminalizing survivors only deepens their suffering, creating barriers to seeking help and perpetuating stigma.

Accordingly, Act 261 established safe harbor protections to ensure that survivors who seek medical or law enforcement assistance are not criminalized for their exploitation and, instead, are given the opportunity to access support, seek justice, and rebuild their lives. House Standing Committee Report No. 1209, House Standing Committee Report No. 1729.