§ 106-127. Solicitation for an illicit sexual act.

(a)

It shall be unlawful for any person, while in any place open to the public and whether as a pedestrian or in a motor vehicle, to offer or consent to perform any illicit sexual act for money. Furthermore, it shall be unlawful for any person, while in any place open to the public and whether as a pedestrian or in a motor vehicle, to attempt to induce, entice, solicit, pander, purchase or procure another to commit any illicit sexual act for money. An illicit sexual act is defined as one or more of the following:

(1)

Prostitution;

(2)

Sodomy for hire; or

(3)

Masturbation for hire.

Any person in violation of this Code section shall be guilty of the offense of idling and loitering for the purpose of committing an illicit sexual act.

(b)

For the purpose of subsection (a) any person shall include solicitors of illicit sexual acts or panderers, who solicit, procure or purchase an other to perform any illicit sexual act in exchange for money, and who are commonly referred to as "johns" or "tricks".

(c)

The following penalties shall be imposed upon the conviction of the offense of idling and loitering for the purpose of committing an illicit sexual act.

(1)

First conviction. Punishment as provided in section 1-8.

(2)

Second conviction. Sixty days incarceration in the city jail or stockade without a reduction in time.

(3)

Third and subsequent convictions. Six months in the city jail or stockade without a reduction in time.

(d)

The following penalties shall be imposed upon the conviction of subsection (a), (b) or (c) of this section.

(1)

First conviction. A mandatory minimum term of imprisonment of 15 days in the city jail and a minimum mandatory fine of $250.00.

(2)

Second conviction.

a.

A mandatory term of 180 days imprisonment with a minimum of 60 days of said sentence of imprisonment to be served in confinement in the city jail. The remaining 120 days may be served on probation as prescribed in subsection 2(b);

b.

The sentencing court may, in its discretion, require any person convicted of a second violation of subsection (a), (b) or (c) of this Code section, as a special condition of probation, to leave the corporate limits of the city and not return during the probationary period;

c.

Any person convicted of a second violation of subsection (a), (b) or (c) of this Code section shall also pay a fine of $1,000.00.

(3)

Third and subsequent convictions. A mandatory term of six months of imprisonment in the city jail.

(4)

None of the mandatory sentences referred to in this Code section shall be suspended, probated, deferred or withheld, except as provided herein.

(5)

Nothing in this Code section shall affect the sentencing court's authority to impose any other condition of probation as set forth in O.C.G.A. § 42-8-5.

(6)

The city solicitor may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.

(7)

Diversion program

a.

Upon a verdict or plea of guilty or a plea of nolo contendre, but before an adjudication of guilt, the sentencing court may, in its discretion, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and enroll the defendant in an educational program administered by the City Solicitor's Office in accordance with Official Code of Georgia Annotated 15-18-80, and designed to address issues related to idling and loitering for the purpose of committing an illegal sexual act and/or prostitution.

b.

Upon fulfillment of the terms of the educational program, including a showing that the defendant has not violated this Code Section for a period of one year, the defendant shall be discharged without court adjudication of guilt.

c.

The City Solicitor's Office is authorized to assess and collect from each defendant who enters the program a fee as set forth in O.C.G.A. 15-18-80 for the administration of the program. Any such fee collected shall be deposited into the City of Atlanta General Fund.

(8)

With the exception of those fees collected in accordance with 106-127(d)(7), all fines paid to and collected by the city's courts pursuant to conviction under this section shall be deposited to the Inmate Welfare Program Trust Fund, 3PO2494008121CL9999, to defray the cost of inmate programs and services in the department of corrections.

(Code 1977, § 17-2004; Ord. No. 1996-76, 11-12-96; Ord. No. 1998-76, § 1, 10-22-98; Ord. No. 1998-89, § 1, 12-14-98; Ord. No. 2005-03, § 13, 1-10-05; Ord. No. 2008-81(08-O-1485), §§ 1, 2, 11-6-08)

State law reference

Keeping a place of prostitution, O.C.G.A. § 16-6-10.