(a) A person commits prostitution if in return for or in expectation of a fee he or she engages in or agrees or offers to engage in sexual activity with any other person.
(b) Prostitution is a:
(1) Class B misdemeanor for the first offense; and
(2) Class A misdemeanor for a second or subsequent offense under this section.
(c) It is an affirmative defense to prosecution that the person engaged in an act of prostitution as a result of being a victim of trafficking of persons, § 5-18-103.
(d) In addition to any other sentence authorized by this section, a person who violates this section by offering to pay, agreeing to pay, or paying a fee to engage in sexual activity upon conviction shall be ordered to pay a fine of two hundred fifty dollars ($250) to be deposited into the Safe Harbor Fund for Sexually Exploited Children.
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