More on Those Prostitution Free Zone Condom Regulations
Over the weekend, Aaron picked up a story about D.C.'s Prostitution Free Zones that's been making the rounds on the internet. Privacy and safe sex advocates are worried about the results of a sex worker survey that purports that carrying more than two condoms inside a declared Prostitution Free Zone could lead you to be arrested for prostitution.
We asked MPD spokesperson Gwendolyn Crump whether D.C. Police actually consider having three condoms in your purse to be probable cause for an arrest, and she sent us back a lengthy response, which we've posted below the jump. The bottom line, according to D.C. Police, is that carrying multiple condoms could be one of the factors an officer uses to order an individual to disperse from a PFZ, but in and of itself, it is not enough to establish probable cause for an arrest.
Crump:
"Although the possession of multiple condoms may be a factor that leads an officer to suspect (reasonable suspicion) that a person is engaged in prostitution, it is not enough to establish probable cause for any crime. Depending on the circumstances, factors such as this may justify an investigative stop - but not an arrest.If an individual is congregating with at least one other person in a Prostitution Free Zone (PFZ), which is already by nature a high prostitution area, late at night with no apparent destination, and in possession of multiple condoms, that would be sufficient to order the individual to disperse. Police cannot just order individuals to leave a PFZ without a reasonable suspicion that they are engaged in prostitution or prostitution-related activities.
The criminal offense associated with a PFZ involves the failure to disperse after an officer issues such an order to two or more persons congregating on public space within the PFZ for the purpose of engaging in prostitution or prostitution-related activities. The indicators for determining whether a group is congregating for prostitution-related activities are below, and the full DC Code section is attached.
Essentially, if police cannot arrest someone for having two or more condoms outside a PFZ, police cannot arrest them for it within a PFZ. Community members often refer to PFZs as an anti-loitering statute. To some extent that is accurate, but the only loitering that is prohibited is that related to prostitution."
And here's the relevant passage in the DC Code:
DC Official Code ยง 22-2731. Definitions; designation of a prostitution free zone; penalty(d) (1) It shall be unlawful for a person to congregate in a group of 2 or more persons on public space or public property within the perimeter of a prostitution free zone established pursuant to subsection (b) of this section and thereafter to fail to disperse after being instructed to disperse by a uniformed officer of the MPD, or a non-uniformed officer of the MPD upon display of MPD identification, who reasonably believes the person is congregating for the purpose of engaging in prostitution or prostitution-related offenses.
(2) In making a determination that a person is congregating in a prostitution free zone for the purpose of engaging in prostitution or prostitution-related offenses, the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:
(A) The conduct of a person being observed, including that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in prostitution or prostitution-related offenses, such as:
(i) Repeatedly beckoning to, stopping, attempting to stop, or attempting to engage passers-by in conversation for the purpose of prostitution;
(ii) Stopping or attempting to stop motor vehicles for the purpose of prostitution; or
(iii) Repeatedly interfering with the free passage of other persons for the purpose of prostitution;
(B) Information from a reliable source indicating that a person being observed routinely engages in or is currently engaging in prostitution or prostitution-related offenses within the prostitution free zone;
(C) Physical identification by an officer of the person as a member of a gang or association which engages in prostitution or prostitution-related offenses;
(D) Knowledge by an officer that the person is a known participant in prostitution or prostitution-related offenses; and
(E) Knowledge by an officer that any vehicle involved in the observed circumstances is registered to a known participant in prostitution or prostitution-related offenses, or a person for whom there is an outstanding arrest warrant for a crime involving prostitution or prostitution-related offenses.
(e) Any person who violates this section shall, upon conviction, be subject to a fine of not more than $ 300, imprisonment for not more than 6 months, or both.