Appeal from the Judgment of Sentence in the Court of Common Pleas of Northampton County, Criminal Division, No. 1019-1984.
Lawrence B. Fox, Bethlehem, for appellant.
Michael Vedomsky, Assistant District Attorney, Easton, for Com., appellee.
Cirillo, President Judge, and Cavanaugh and Tamilia, JJ.
[ 358 Pa. Super. Page 227]
This is an appeal from judgment of sentence entered after a jury convicted appellant of prostitution. A sentence of one year probation and a $750 fine was imposed. Appellant was charged under section (b) of Prostitution and related offenses, 18 Pa.C.S.A. § 5902, which states that it is an offense to "knowingly promote prostitution of another by owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business . . . ."
The jury found appellant in violation of this section for her co-owner status of the Body Clinic, an establishment where semi-nude female employees perform massages on nude male customers for a fee. The "massage" included masturbation of the genitalia.
On appeal, appellant contends, inter alia, that section 5902 of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5902, Prostitution and related offenses, is unconstitutionally vague and thus, void. Specifically, it is alleged that the
[ 358 Pa. Super. Page 228]
term "sexual activity" is inadequately defined. Section 5902 provides in pertinent part:
(a) Prostitution. -- A person is guilty of prostitution; a misdemeanor of the third degree, if he or she:
(1) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business;. . . (Emphasis added)
Subsection (f) of section 5902 further defines sexual activity as "includ[ing] homosexual and other deviate sexual relations." In essence, appellant asserts she had no notice and fair warning as required by due process that she was violating the law ...