§ 9-4-16. MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION PROHIBITED.

(A)

In this section:

(1)

KNOWN PROSTITUTE OR PANDERER means a person who has, within the knowledge of the arresting officer, been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution, or compelling prostitution within one year previous to the date of an arrest for a violation of this section.

(2)

PROSTITUTION has the meaning provided in Section 43.01 ( Definitions ) of the Texas Penal Code.

(3)

PUBLIC PLACE has the meaning provided in Section 1.07 ( Definitions ) of the Texas Penal Code.

(B)

A person commits an offense if the person loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another person to commit an act of prostitution.

(C)

In making a determination that a person is in violation of this section, a peace officer may consider whether the person:

(1)

is a known prostitute or panderer;

(2)

repeatedly beckons to, stops or attempts to stop, or engages in conversation with persons passing by; or

(3)

repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture.

(D)

A peace officer may not arrest a person for a violation of this section unless the officer has given the person an opportunity to explain the person's conduct.

(E)

It is an affirmative defense to prosecution under this section if the explanation given the arresting officer under Subsection (D) is true and discloses a lawful purpose.

Source: 1992 Code Section 10-1-21; Ord. 031023-13; Ord. 031211-11.