§ 5-127. Prostitution.
A. It shall be unlawful to:
1. Be an inmate or resident of a house of prostitution or otherwise engage in sexual activity as a business or for hire; or
2. Loiter in or within view of a public place for the purpose of being hired to engage in sexual activity; or
3. Engage in, offer or agree to engage in any sexual activity with another person for a fee; or
4. Pay, offer or agree to pay another person a fee for the purpose of engaging in an act of sexual activity; or
5. Enter or remain in a house of prostitution for the purpose of engaging in sexual activity; or
6. Own, control, manage, supervise or otherwise keep, alone or in association with another, a house of prostitution or a prostitution business; or
7. Solicit a person to patronize a prostitute; or
8. Procure or attempt to procure a prostitute for another; or
9. Lease or otherwise permit a place controlled by the actor, alone or in association with others, to be used for prostitution or the promotion of prostitution; or
10. Procure an inmate for a house of prostitution; or
11. Encourage, induce or otherwise purposely cause another to become or remain a prostitute; or
12. Transport a person with a purpose to promote that person’s engaging in prostitution or procuring or paying for transportation with that purpose; or
13. Share in the proceeds of a prostitute pursuant to an understanding that one is to share therein, unless one is the child or legal dependent of a prostitute; or
14. Own, operate, manage or control a house of prostitution; or
15. Solicit, receive or agree to receive any benefit for doing any of the acts prohibited by this subsection.
B. Definitions.
1. “Sexual activity” means intercourse or any sexual act involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant.
2. “House of prostitution” means a place where prostitution or promotion of prostitution is regularly carried on by one or more persons under the control, management or supervision of another.
3. “Inmate” means a person who engages in prostitution in or through the agency of a house of prostitution.
4. “Public place” means any place to which the public or a substantial group has access.
C. On the issue of whether a place is a house of prostitution, the following shall be admissible in evidence: its general reputation, the reputation of the persons who reside in or frequent the place; the frequency, timing and duration of visits by nonresidents. Testimony of a person against his spouse shall be admissible to prove offense under this section.
D. Prostitution shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by a term of imprisonment in the Tribal Jail not to exceed six months, or both. Upon a second or subsequent conviction under this section, banishment may also be imposed for a term not to exceed two years.