2013 NC legislation, S.L. 2013-368, overhauled the state’s prostitution offenses. It repealed G.S. 14‑190.18 (promoting prostitution of minor), 14‑190.19 (participating in prostitution of minor), 14‑204.1 (loitering for prostitution), 14‑205 (prosecution of offenses), 14‑207 (degrees of guilt), and 14‑208 (punishment). Additionally it rewrote every other provision in Ch. 14 Article 27 save one (only G.S. 14-206 (reputation & prior conviction admissible) was untouched). The changes are effective for offenses committed on or after October 1, 2013. Here is a summary of the new offenses. Prostitution Elements. A person guilty of this offense (1) willfully (2) engages in prostitution. G.S. 14-204(a). Punishment. Class 1 misdemeanor. G.S. 14-204(a). For conditional discharge, see G.S. 14-204(b). For special probation conditions, see G.S. 14-205.4. Notes Element (1). For the definition of the term “willfully” see Jessica Smith, North Carolina Crimes 6 (7th ed. 2012). Element (2). “Prostitution” is the performance of, offer of, or agreement to perform vaginal intercourse, a sexual act, or sexual contact for the purpose of sexual arousal or gratification and for money or other consideration. G.S. 14-203(5). “Sexual act” includes cunnilingus, fellatio, analingus, anal intercourse, and the penetration by any object into the genital or anal opening of another person's body, except when for accepted medical purposes. G.S. 14-203(5); 14-27.1(4). “Sexual contact” includes touching the sexual organ, anus, breast, groin, or buttocks of another; touching another with one’s own sexual organ, anus, breast, groin, or buttocks; and ejaculating, emitting, or placing semen, urine, or feces on another. G.S. 14-203(5); 14-27.1(5). “Touching” means physical [...]
Faculty Coordinators
