Topic:
PROSTITUTION; CRIMINAL STATISTICS;
Location:
CRIME AND CRIMINALS - PROSTITUTION;
Scope:
Connecticut laws/regulations;

OLR Research Report


The Connecticut General Assembly

OFFICE OF LEGISLATIVE RESEARCH




February 28, 1994 94-R-0355

TO:

FROM: David E. O'Connor, Senior Attorney

RE: Prostitution Statistics

You asked for statistics on prostitution convictions and for the statutory penalties. You also asked whether there is any business regulation of massage parlors.

PROSTITUTION PENALTIES AND CONVICTIONS

Engaging in Prostitution (CGS 53-82)

A person is guilty of prostitution when the person engages, offers to engage, or agrees to engage in sexual conduct with another person for a fee.

Prostitution is a class A misdemeanor, which means it is punishable by up to one year in prison, a $2,000 fine, or both.

In FY 1992-93 there were 419 people convicted of prostitution in Connecticut. Another 251 people were charged with and brought to court for this crime but had their cases nolled, dismissed or were found not guilty.

A nolled (nolle prosequi) case is a dismissed case but one that the state's attorney can reopen and prosecute within 13 months.

Patronizing a Prostitute (CGS 53a-83)

A person is guilty of patronizing a prostitute when he pays or offers to pay someone to engage in sexual conduct. The wording of the statute is such that it also covers paying a third party (e.g., a pimp) for sexual conduct.

Patronizing a prostitute is a class A misdemeanor, which means it is punishable by up to one year in prison, a $2,000 fine, or both.

In FY 1992-93 there were 69 people convicted of patronizing a prostitute. Another 476 people had their case nolled, dismissed, or were found not guilty.

Patronizing a Prostitute From a Motor Vehicle (PA 93-265)

A person is guilty of this crime if he patronizes a prostitute from a motor vehicle.

The crime is a class A misdemeanor (up to one year imprisonment, a $2,000 fine, or both). In addition, a person convicted of this crime can have his automobile seized and forfeited to the state.

Because this is a new crime (effective October 1, 1993), the Judicial Department does not yet have conviction statistics.

Promoting Prostitution (CGS 53a-86, -87, -88)

A person is guilty of promoting prostitution if he knowingly advances or profits from prostitution.

Promoting prostitution is a felony. The degree of the felony depends on other circumstances, as described below. At a minimum, it is a class D felony, which means it is punishable by from one to five years imprisonment, a fine of up to $5,000, or both.

In FY 1992-93 a total of six people were convicted of promoting prostitution.

If a person promotes prostitution by forcing or intimidating someone into engaging in prostitution or promotes prostitution by someone age 15 or younger, it is a class B felony ( one to 20 years in prison, a fine of up to $15,000, or both). Of the six people convicted of promoting prostitution, none were convicted of this first degree form of the crime. Two people were charge with the crime but they had their case nolled, dismissed or were found not guilty.

If a person promotes prostitution by running a prostitution enterprise (e.g., a house of prostitution or a "massage parlor" that is a front for prostitution) or if he promotes prostitution by someone age 17 or younger, it is a class C felony (one to 10 years, a fine of up to $10,000, or both). Of the six people convicted of promoting prostitution, two were convicted of this second degree form of the crime. Six others had their case nolled, dismissed, or were found not guilty.

Permitting Prostitution (CGS 53a-89)

A person is guilty of permitting prostitution if he has possession of control of premises that he knows are being used for prostitution and he fails to make reasonable effort to halt or abate the prostitution.

The crime is a class A misdemeanor (up to one year in prison, a fine up to $2,000, or both).

In FY 1993-94 there were two people convicted of this crime. One other person had his case nolled, dismissed, or was found not guilty.

BUSINESS REGULATION OF MASSAGE PARLORS

Massage parlors must comply with various regulations, but no more so than other business. This include filing one's business name with the town or city clerk, complying with local zoning ordinances, obtaining a sales tax registration number, registering with the Employment Security Division regarding unemployment insurance, obtaining workers' compensation coverage and, if a corporation or limited partnership, filing with the secretary of the state.

DOC:tjo