1. A person commits the offense of patronizing prostitution if he or she: (1) Pursuant to a prior understanding, gives something of value to another person as compensation for having engaged in sexual conduct with any person; or (2) Gives or agrees to give something of value to another person with the understanding that such person or another person will engage in sexual conduct with any person; or (3) Solicits or requests another person to engage in sexual conduct with any person in return for something of value. 2. It shall not be a defense that the person believed that the individual he or she patronized for prostitution was eighteen years of age or older. 3. The offense of patronizing prostitution is a class B misdemeanor, unless the individual who the person patronizes is less than eighteen years of age but older than fifteen years of age, in which case patronizing prostitution is a class E felony. 4. The offense of patronizing prostitution is a class B felony if the individual who the person patronizes is fifteen years of age or younger. Nothing in this section shall preclude the prosecution of an individual for the offenses of: (1) Statutory rape in the first degree pursuant to section 566.032 ; (2) Statutory rape in the second degree pursuant to section 566.034 ; (3) Statutory sodomy in the first degree pursuant to section 566.062 ; or (4) Statutory sodomy in the second degree pursuant to section 566.064 .
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