(a) A person is guilty of prostitution when such person engages, or agrees, or offers to engage in sexual conduct with another person in return for a fee. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both. (b) Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one year, or a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or both. (c) In any prosecution for a violation under this section where the immunity provided by § 11-34.1-15(a) is not applicable, it shall be an affirmative defense if the accused was forced to commit a commercial sexual activity by: (1) Being threatened or subjected to physical harm; (2) Being physically restrained or threatened to be physically restrained; (3) Being subject to threats of abuse of law or legal process; (4) Being subject to destruction, concealment, removal, or confiscation, of any passport or other immigration document or any other actual or purported governmental identification document; or (5) Being subject to intimidation in which the accused’s physical well being was perceived as threatened.
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