Prostitution laws generally criminalize engagin in, offering to engage in, or agreeing to engage in a sexual act for compensation. Under Kentucky's prostitution and solicitation laws, it is illegal to both buy and sell sexual favors. Additionally, it is also illegal in Kentucky to promote or profit from prostitution.
The following tables highlight Kentucky's main prostitution and solicitation laws.
Code Section
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Kentucky Revised Statutes section 529.020: Prostitution |
What's Prohibited?
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Engaging in, agreeing to engage in, or offering to engage in "sexual conduct" with another person in exchange for a fee. |
What's "Sexual Conduct?"
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Sexual conduct means sexual intercourse or any act of sexual gratification involving the sex organs. |
Corroboration
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You can't be convicted of prostitution solely on the uncorroborated testimony of a patron. |
Affirmative Defense
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Being a victim of human trafficking is an affirmative defense to the crime of prostitution. |
Penalties
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Class B misdemeanor, punishable by imprisonment for up to 90 days and/or a fine of up to $250. |
Code Section
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Kentucky Revised Statutes section 529.040: Promoting Prostitution |
What's Prohibited?
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Promoting prostitution while knowingly "advancing prostitution" or profiting from the prostitution. |
What's "Advancing Prostitution?"
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Advancing prostitution is when an actor (who is not acting as a prostitute or a patron of a prostitute) knowingly causes or aids a person to engage in prostitution, solicits patrons for prostitution, or provides a premises for prostitution to take place. |
Corroboration
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You can't be convicted of promoting prostitution based solely on the uncorroborated testimony of a prostitute who's activity you're alleged to have advanced or profited from. |
Affirmative Defense
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Being a victim of human trafficking is an affirmative defense to the crime of promoting prostitution. |
Penalties
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Class A misdemeanor, punishable by imprisonment for up to 12 months and/or a fine of up to $500.
If the offender managed, supervised, controlled, or owned a house of prostitution, then the offense is a Class D felony and is punishable by imprisonment for between one and five years and/or a fine of between $1,000 and $10,000.
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Permitting Prostitution
Having possession or control of a premises which you know (or have reasonable cause to know) are being used for prostitution is also a crime in Kentucky if you fail to make a reasonable and timely effort to stop such use. Permitting prostitution is a Class B misdemeanor in Kentucky and is punishable by imprisonment for up to 90 days and/or a fine of up to $250.
Loitering for Prostitution Purpose
Kentucky's prostitution and solicitation laws also make it illegal to loiter or remain in a public place for the purpose of engaging in, or offering to engage in, prostitution. Violating this statute can result in a Class B misdemeanor.
Minors and Prostitution
In Kentucky, minors can't be prosecuted for engaging in prostitution. If a child under eighteen years old is suspected of engaging in prostitution, or loitering for prostitution purposes, then a law enforcement officer will write up a report, and the minor may be taken into protective custody. The Cabinet for Health and Family Services will then investigate the child's dependency, neglect, or abuse.
Additional Resources
State laws change frequently. For case specific information regarding Kentucky's prostitution and solicitation laws contact a local criminal defense attorney.
If you or someone that you know is a victim of prostitution help is available by contacting your local police department or an organization such as Prostitution Research & Education.