Also known as:prostitutes · prostituted · prostituting · sex worker
Written by attorneys · grounded in primary & secondary sources — see below
A person who engages in sexual activity for money or its equivalent.
Sources & Authorities
How it applies
Common Examples
6
Judge Faces Suspension For Associations
Judge Paige Porter regularly met with known drug users and spent evenings at locations frequented by Paige Porter's associates who worked as prostitutes. The judicial conduct commission reviewed evidence of these personal activities and determined that they undermined public confidence in the judiciary. The commission recommended suspension without pay for six months.
Child's Statement About Caregiver
Three-year-old L. P. told his preschool teacher that his caregiver Darius Clark had caused visible injuries. Clark had been sending the child's mother on trips to work as a prostitute while leaving the children in his care. The statements were admitted at trial because they were not made for the primary purpose of prosecution.
Select any source to read its text and confirm it supports the definition.
Cases
Model Codes
Dictionaries
Osborne v. Ohio495 U.S. 103 (1990)
Statements From Abused Child Admitted
L. P. described to teachers how Darius Clark had beaten him after the child's mother left for a trip arranged so she could work as a prostitute. Prosecutors offered the statements to prove the abuse occurred. The Court held the statements did not implicate the Confrontation Clause because the primary purpose was not to create testimony for trial.
Ohio v. Clark135 S. Ct. 2173 (2015)
Counsel Must Advise On Deportation
Pablo Perez pleaded guilty to a drug offense after his lawyer failed to warn him that the conviction would trigger removal proceedings. Earlier immigration statutes had listed prostitutes among classes of excludable aliens. The Supreme Court held that defense counsel must inform clients of deportation consequences that are clear under the statute.
Padilla v. Kentucky130 S. Ct. 1473, 1485 (2010)
Broadcast Regulation Upheld
A radio station aired a monologue that repeatedly used terms such as pimps and prostitutes in a satirical routine. The FCC issued a declaratory order finding the material indecent. The Supreme Court upheld the order as consistent with the agency's authority to regulate broadcast content that offends community standards.
Federal Communications Commission v. Pacifica Foundation438 U.S. 726 (1978)
Rape Victim Rejects Payment Offer
After the assault, the defendant offered Deborah fifty dollars. She refused the money and stated she was not a prostitute. The court later considered this exchange as evidence that the encounter was nonconsensual and that Deborah had not engaged in commercial sex.
People v. Williams4 Cal.4th 354, 362, 14 Cal.Rptr.2d 441, 841 P.2d 961 (1992)
Common questions
Frequently Asked
3
Does the Model Penal Code treat prostitution itself as a crime requiring rehabilitative commitment?+
The Model Penal Code permits a court to order civil commitment for a prostitute who requires rehabilitative treatment instead of criminal punishment when statutory criteria are met. The court may dismiss the prosecution after ordering commitment to a suitable facility.
Can accusing someone of being a prostitute support an intentional infliction of emotional distress claim by a bystander?+
Yes. Loudly and falsely accusing a minor of being a prostitute in the presence of a person known to have trauma related to sex trafficking can constitute extreme and outrageous conduct. When the conduct is intended or recklessly calculated to cause severe distress to the bystander who is present, liability for intentional infliction of emotional distress may arise.
Is material alleging that a plaintiff is a sex worker subject to a motion to strike from pleadings?+
Yes. Graphic and unrelated allegations that a plaintiff is a sex worker are immaterial to claims such as invasion of privacy and are scandalous in character. A party may move to strike such matter from an answer under the rules governing pleadings.
135 S. Ct. 2173 (2015)Evidence
…girl.[^maj-1] Clark was also T. T.’s pimp, and he would regularly send her on trips to Washington, D. C., to work as a prostitute. In March 2010, T. T. went on one such trip, and she left the children in Clark’s care. The next day, Clark took L. P. to preschool. In the lunchroom, one of L. P.’s teachers, Ramona…