Prostitution; further unlawful acts; sexual grooming; coercion, penalties

(A) For the purposes of this section: (1) "Prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value. (2) "Sexual grooming" means a person's attempt to gradually establish an emotional connection with another person to lessen their inhibitions to engage in sexual activities with or at the direction of the person. (B) It shall further be unlawful to: (1) procure, recruit, sexually groom, cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a person to become a prostitute or to enter, remain, or reside in a place, structure, building, vehicle, trailer, or conveyance with the intent to commit an act of prostitution; (2) receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any person to become a prostitute; (3) accept or receive knowingly any money or other thing of value without consideration from a prostitute; (4) keep or set up a trailer, place, structure, building, or any other conveyance to facilitate prostitution; (5) receive any person for purposes of prostitution into any vehicle, conveyance, trailer, place, structure, or building; (6) permit any person to remain for the purpose of prostitution in any vehicle, conveyance, trailer, place, structure, or building; (7) direct, take, or transport, offer or agree to direct, take, or transport, or aid or assist in directing, taking, or transporting any person to any vehicle, conveyance, trailer, place, structure, or building or to any other person with knowledge of or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution; (8) lease or rent, or contract to lease or rent, any vehicle, conveyance, trailer, place, structure, or building or part thereof with actual knowledge or having reasonable cause to believe that it is intended to be used for prostitution; (9) promote, market, or advertise prostitution on a media platform accessible to the public including, but not limited to, social media platforms; or (10) aid, abet, or participate knowingly in the doing of any of the acts herein prohibited. (C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking. (D) A person who violates this section must be punished as follows: (1) for a first offense, a person is guilty of misdemeanor and, upon conviction, must be fined at least three thousand dollars and imprisoned for a period of not more than three years; (2) for a second offense, a person is guilty of a misdemeanor and, upon conviction, must be fined at least five thousand dollars and imprisoned for a period of not more than five years; or (3) for a third or subsequent offense, a person is guilty of a felony and, upon conviction, must be fined at least five thousand dollars with a maximum of up to ten thousand dollars and confinement in prison for not more than ten years. (E) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.