Aren't most Prostitution Laws State Laws, not City or County?
Originally Posted by Jackie S
No. There are far, far more city ordinances regulating and prohibiting conduct related to prostitution than state laws. In Texas, for example, there are six sections of the penal code related to prostitution. On the other hand, every Texas city of any size has multiple ordinances related to prostitution. The City of Dallas, Texas, for example, has the following ordinance:
SEC. 31-27. MANIFESTING THE PURPOSE OF ENGAGING IN PROSTITUTION.
(a) A person commits an offense if he loiters in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting, or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(b) For the purpose of this section, a "known prostitute or panderer" is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution.
(c) The definition of prostitution in the Texas Penal Code shall apply to this section.
See
Dallas City Code, vol. II, ch. 31, § 31-27; see also
Houston Code of Ordinances, art. I, ch. 28, § 28-48.
Other ordinances in Dallas related to prostitution include laws concerning massage parlors, sexually-oriented businesses, and the licensing of various business pursuits, such as limousines and taxis.
The violation of a city ordinance in Texas is punishable by a fine only -- i.e., one convicted of an offense cannot be jailed.