North Carolina § 14-205 - 3. Promoting prostitution.

§ 14-205. 3. Promoting prostitution.

Any person who willfully performs any of the following acts commits promoting prostitution: Advances prostitution as defined in G.S. 14-203. Profits from prostitution by doing any of the following: Compelling a person to become a prostitute. Receiving a portion of the earnings from a prostitute for arranging or offering to arrange a situation in which the person may practice prostitution. Any means other than those described in sub-subdivisions a. and b. of this subdivision, including from a person who patronizes a prostitute. This sub-subdivision does not apply to a person engaged in prostitution who is a minor. A person cannot be convicted of promoting prostitution under this sub-subdivision if the practice of prostitution underlying the offense consists exclusively of the accused's own acts of prostitution under G.S. 14-204. Any person who willfully performs any of the following acts commits the offense of promoting prostitution of a minor or person who has a mental disability: Advances prostitution as defined in G.S. 14-203, where a minor or person who has a severe or profound mental disability engaged in prostitution, or any person engaged in prostitution in the place of prostitution is a minor or has a severe or profound mental disability at the time of the offense. Profits from prostitution by any means where the prostitute is a minor or has a severe or profound mental disability at the time of the offense. Confines a minor or a person who has a severe or profound mental disability against the person's will by the infliction or threat of imminent infliction of great bodily harm, permanent disability, or disfigurement or by administering to the minor or person who has a severe or profound mental disability, without the person's consent or by threat or deception and for other than medical purposes, any alcoholic intoxicant or a drug as defined in Article 5 of Chapter 90 of the General Statutes (North Carolina Controlled Substances Act) and does any of the following: Compels the minor or person who has a severe or profound mental disability to engage in prostitution. Arranges a situation in which the minor or person who has a severe or profound mental disability may practice prostitution. Profits from prostitution by the minor or person who has a severe or profound mental disability. Unless a higher penalty applies, a violation of subsection (a) of this section is a Class F felony. A violation of subsection (a) of this section by a person with a prior conviction for a violation of this section or a violation of G.S. 14-204 (prostitution), G.S. 14-204.1 (solicitation of prostitution), or G.S. 14-204.2 (patronizing a prostitute) is a Class E felony. Unless a higher penalty applies, a violation of subdivision (1) or (2) of subsection (b) of this section is a Class D felony. A violation of subdivision (3) of subsection (b) of this section is a Class C felony. Any violation of subsection (b) of this section by a person with a prior conviction for a violation of this section or a violation of G.S. 14-204 (prostitution), G.S. 14-204.1 (solicitation of prostitution), G.S. 14-204.2 (patronizing a prostitute) is a Class C felony. For purposes of this subsection, administering drugs or an alcoholic intoxicant to a minor or a person who has a severe or profound mental disability, as described in subdivision (3) of this subsection, shall be deemed to be without consent if the administering is done without the consent of the parents or legal guardian or if the administering is performed or permitted by the parents or legal guardian for other than medical purposes. Mistake of age is not a defense to a prosecution under this subsection. History (2013-368, s. 5; 2018-47, s. 4(g).) Editor's Note. - Section 14-204.1, referred to in subsections (c) and (d), was repealed by Session Laws 2013-368, s. 4, effective October 1, 2013. Session Laws 2018-47, s. 15, provides: "This act does not affect the coverage, eligibility, rights, responsibilities, or provision of State or federal services or benefits for individuals who have been diagnosed with mental retardation and whose diagnosis has not been changed to a diagnosis of intellectual disability." Session Laws 2018-47, s. 16, made the rewriting of subsection (b) of this section by Session Laws 2018-47, s. 4(g), effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2018-47, s. 4(g), rewrote subsection (b). For effective date and applicability, see editor's note.