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A. A person is guilty of prostitution loitering if the person is in or remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution.

B. The following nonexclusive circumstances may be considered in determining whether the actor intends to commit the crime of prostitution loitering. The actor:

1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or

2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts or attempts to stop pedestrians; or

4. Is a known prostitute or procurer; or

5. Inquires whether a potential patron or other person is a police officer, searches for articles that would identify a police officer, or exposes genitals or female breasts, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer.

C. As used in this section:

1. “Commit prostitution” means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange or promise, but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.

2. “Known prostitute or procurer” means a person who within one year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been arrested for an offense involving prostitution.

3. “Public place” is an area generally visible to public view and includes without limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the ground enclosing them.

4. “Sexual conduct” shall have the same meaning as defined in RCW 9A.88.030 and Chapter 9A.44 RCW.

D. Prostitution loitering is a misdemeanor. (Ord. 1911 § 2, 2003).