Loitering for the purpose of engaging in prostitution

2C:34-1.1  Loitering for the purpose of engaging in prostitution

3.  Loitering for the purpose of engaging in prostitution.  a.  As used in this section, "public place" means any place to which the public has access, including but not limited to any public street, sidewalk, bridge, alley, plaza, park, boardwalk, driveway, parking lot or transportation facility, public library or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

b.  A person commits a disorderly persons offense if he:

(1)  wanders, remains or prowls in a public place with the purpose of engaging in prostitution or promoting prostitution as defined in N.J.S.2C:34-1; and

(2)  engages in conduct that, under the circumstances, manifests a purpose to engage in prostitution or promoting prostitution as defined in N.J.S.2C:34-1.

c.  Conduct that may, where warranted under the circumstances, be deemed adequate to manifest a purpose to engage in prostitution or promoting prostitution includes, but is not limited to, conduct such as the following:

(1)  Repeatedly beckoning to or stopping pedestrians or motorists in a public place;

(2)  Repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;

(3)  Repeatedly stopping or attempting to stop motor vehicles.

d.  The element described in paragraph (1) of subsection b. of this section may not be established solely by proof that the actor engaged in the conduct that is used to satisfy the element described in paragraph (2) of subsection b. of this section.

L.1997,c.93,s.3.
 

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