Prostitution Crimes in Oklahoma – Law & Punishment – Defense Attorney

Definition of Prostitution in Oklahoma

Prostitution is generally thought of as two acts. The prostitute is the person engaging in prostitution. The one paying the prostitute for sex (the “john”) is soliciting prostitution. Oklahoma’s prostitution law actually includes all of the following acts:

Engaging in prostitution, lewdness, or assignation (the prostitute);
Soliciting, inducing, enticing, or procuring another to commit an act of lewdness, assignation, or prostitution, with himself or herself (the john);
Residing in, entering, or remaining in any house, place, building, or other structure, or to entering or remaining in any vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation; or
Aiding, abetting, or participating in the doing of any of the above acts.

Any of the above acts committed with someone under 18 constitutes child prostitution, which is punished much more severely. All prostitution crimes are sex crimes. However, Child prostitution, Procuring a Child for Prostitution, and Inducing/Keeping/Detaining/Restraining a Child for Prostitution are the only ones that require registration as a sex offender. Other acts done in furtherance of the the crimes in this article may constitute offenses that require registration as a sex offender.

In any prosecution of a person 16 or 17 years old for any of the above offenses, there’s a presumption that the actor was coerced into committing such offense by another person in violation of Oklahoma’s human trafficking law.

“Prostitution” means:

the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or
the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lewdness with any person not his or her spouse, in exchange for money or any other thing of value.

“Anal intercourse” means contact between human beings of the genital organs of one and the anus of another. “Cunnilingus” means any act of oral stimulation of the vulva or clitoris. “Fellatio” means any act of oral stimulation of the penis. “Masturbation” means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

“Lewdness” means:

any lascivious, lustful, or licentious conduct;
the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful, or licentious conduct with any person not his or her spouse, or
any act in furtherance of such conduct or any appointment or engagement for prostitution.

Punishment

The basic crimes of engaging in prostitution and soliciting prostitution are misdemeanors. While they are considered sex crimes, these offenses don’t require registration as a sex offender. The range of punishment in jail is 30 days-one year. The maximum fine for a first conviction is $2,500. The maximum fine for a second conviction is $5,000. The maximum fine for a third and subsequent conviction is $7,500. The court in which any such conviction occurs must notify the county superintendent of public health of such conviction.

With Knowledge of HIV or AIDS Infection

Engaging in an act of prostitution with knowledge that you are infected with HIV is a felony. The maximum punishment in prison is five year.

Near a Church or School

Soliciting prostitution or engaging in prostitution within 1,000 feet of a school or church is a felony. The maximum punishment in prison is five years. The maximum fine for a first conviction is $2,500. The maximum fine for a second conviction is $5,000. The maximum fine for a third and subsequent conviction is $7,500. The court in which any such conviction occurs must notify the county superintendent of public health of such conviction.

Maintaining a Prostitution House

There are two Oklahoma statutes that cover the maintaining of a prostitution house. In the first, it’s a misdemeanor to keep any bawdy house, house of ill fame, of assignation, or of prostitution, or any other house or place for people to visit for unlawful sexual intercourse, or for any other lewd, obscene or indecent purpose. The maximum punishment in jail is one year. The maximum fine is $2,000.

In the second statute, it’s a misdemeanor to:

keep, set up, maintain, or operate any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation;
knowingly own any house, place, building, other structure, or part thereof, or vehicle, trailer, or other conveyance used with the intent of committing an act of lewdness, assignation, or prostitution, or to let, lease, or rent, or contract to let, lease, or rent any such place, premises, or conveyance, or part thereof, to another with knowledge or reasonable cause to believe that the intention of the lessee or rentee is to use such place, premises, or conveyance for prostitution, lewdness, or assignation;
offer, or to offer to secure, another with the intent of having such person commit an act of prostitution, or with the intent of having such person commit any other lewd or indecent act;
receive or to offer or agree to receive any person into any house, place, building, other structure, vehicle, trailer, or other conveyance with the intent of committing an act of prostitution, lewdness, or assignation, or to permit any person to remain there with such intent;
direct, take, or transport, or to offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building, other structure, vehicle, trailer, or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the intent of such directing, taking or transporting is prostitution, lewdness or assignation;
knowingly accept, receive, levy, or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any woman engaged in prostitution; or
knowingly abet the crime of prostitution by allowing a house, place, building, or parking lot to be used or occupied by a person who is soliciting, inducing, enticing, or procuring another to commit an act of lewdness, assignation, or prostitution or who is engaging in prostitution, lewdness, or assignation on the premises of the house, place, building, or parking lot.

Note that the second statute also outlaws the transportation of a person for purposes of prostitution and the accepting of anything from a prostitute. The range of punishment in jail for this latter statute is 30 days-one year. The maximum fine for a first conviction is $2,500. The maximum fine for a second conviction is $5,000. The maximum fine for a third and subsequent conviction is $7,500. The court in which any such conviction occurs must notify the county superintendent of public health of such conviction.

Renting a Prostitution House

It’s a misdemeanor to rent any building or portion of any building knowing that it’s intended to be used for prostitution. It’s also a misdemeanor to otherwise permit any building or portion of a building to be used for prostitution. The maximum punishment in jail is one year. The maximum fine is $500.

Sources: 21 O.S. § 748, 1031, 1030, 10, 1027, 1025, 1026, 1028, & 1029; 57 O.S. §§ 583, 589, 510.10, 584, 590, & 590.1; 22 O.S. § 991a ; and 43 O.S. § 2

Current as of July 6, 2019.