HomeMy WebLinkAbout1995-09-11 95-404 RESOLVE_ COONCIL ACTION
Date: 9-11-95
Item
NO
95-404
Item/Subjects RESOLVE, Calling Upon the State Legislature to Clarify the
Definition of prostitution
Responsible Department: City Council
The attached Resolve has been introduced at the request of Councilors
Blanchette and Cohen. It calla upon the State Legislature to broaden the
definition of prostitution currently found in the State's criminal code to
include paid "sexual contact. -1 Be the Council is aware, the current
definition of prostitution dose not include sexual contact. This has allowed
for the operation of so-called relaxation spas in various localities
throughout the state which, among other services, provide 'full body
massages" and "hand release- to clients.
Current state law has also lead to the adoption of various differing local
legislation either prohibiting or regulating such practices. It appears that
thiois an area where a consistent statewide policy and approach may be
appropriate.
Associated Informationt
Resolve
Budget Approval
Legal Approvalt
w
Introduced For
_&_Fassage
First Reading Fag eo£_
Referral
A,,ignetl to Councilor Cohen September 11, 1995 95-404
lob CITY OF BANGOR
(11U.) �ImhlPp.
Calling upon
................_
the
State
.................................
Legislature
to
Clarify
the Definition of
Prostitution
By the CHT ConmeW of the City ofBaspor:
WHEREAS, M.R.S.A. Chapter 35, Sections 851 End 853-A, define
prostitution and make engaging In prostitution a crvoinal
offense; and
WHEREAS, the definition of prostitution is set forth as -engaging in,
or agreeing to engage in, or offering to engage in sexual
Intercourse or a sexual act ..in return for pecuniary
benefit;- and
WHEREAS, the current definition of a sexual act excludes"sexual
contact" which is defined a -touching the genitals or anus,
directly or through clothing,... for the purpose of arousing
or gratifying sexual desire;- and
WHEREAS, the current exclusion of "sexual contact" from the
definition of prostitution has lead to the development of
relaxation spas in various locations throughout the state
where individuals are paid for engaging in sexual contact;
and
WHEREAS, this has resulted in the proliferation of various local
ordinances attempting to regulate and/or prohibit paid
sexual contact; and
WHEREAS, the presence or absence of such local regulations as well as
the variability of local requirements has lead to a diverse
approach to this issue
where a consistent, state-wide
approach appears more appropriate;
ROW, THEREFORE, HE IT RESOLWD BY THE CITY COUNCIL OF TRE CITY OF
HANGAR, THATt the Legislature of the State of Maine should
undertake the necessary steps to amend the existing
definition of prostitution a set out in State Law to
include paid -sexual contact- in this definition. Such an
amendment would address the issue of paid "sexual content -
on a statewide basis, avoid the proliferation of varying
local regulations, and eliminate the problems posted by
relocation of establishments providing such services from
one community to another based on varying local ordinances
and regulations;
95-404
AND BE IT FURTHER RESOLVED, THAT the City Clerk of the City of Bangor
provide copies of this Resolve to the legislative delegation
from Penobscot County as well as to the Speaker of the State
House of Representatives and President of the State Senate.
IN CITY COUNCIL 95-404
September 11, 1995 R E 5 0 L V
P
Calling upon the state Legislature
CITY a V to Clarify the Definition of Prostitution.