procurement

Articles 178 and 179 criminalize procuring and sexual exploitation, punishing anyone who exploits the prostitution of another person or benefits from it, even with the victim’s consent. The baseline penalty is eight to ten years of imprisonment. The law imposes harsher penalties of up to fifteen years if aggravating circumstances are present, such as acting for profit, using violence, or having a family relationship with or being in a position of authority over the victim.

The defendant was convicted for soliciting women to prostitute themselves and was consequently fined and sentenced to six years of imprisonment for procurement, and eight years of imprisonment for human trafficking. During his appeal, the defendant raised a procedural objection, challenging the admissibility of evidence demonstrating his involvement in women’s prostitution in Honduras.

Williams was convicted for procuring a minor to have sexual intercourse with Roberts. Williams filed an appeal on three grounds: the trial judge never explained the meaning of the crime procuring, the trial judge failed to give the jury direction on the issue of witness lying, and that the crime of procuring required that Roberts be convicted of sexual intercourse with a minor under the age of 16, and not of rape. Williams’ sentence was set aside and his conviction was quashed.

In the case State v. Jackson (S.D. 1985), the defendant and his wife operated a club and escort service, and they were accused of inducing employees to engage in prostitution. Two women testified that the defendant personally hired them, arranged for them to provide nude dancing for and to have sexual intercourse with male clients in motel rooms, and then transported them to these encounters. Based on their testimony, the defendant was convicted on two counts of inducing another to become or remain a prostitute.