(1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:
(a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
(b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.
(2) Patronizing a prostitute is a class 1 misdemeanor. A person who is convicted of patronizing a prostitute may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401 or 18-1.3-503, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.