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STATE v. HARTMAN

No. 49S02-9211-CR-911.

602 N.E.2d 1011 (1992)

STATE of Indiana, Appellant (Plaintiff below), v. John HARTMAN, Appellee (Defendant below).

Supreme Court of Indiana.

November 13, 1992.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen. of Indiana and Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellant.

Dennis E. Zahn and James H. Voyles, Indianapolis, for appellee.

ON CRIMINAL PETITION TO TRANSFER

SHEPARD, Chief Justice.

This controversy involves Indiana's prostitution laws, and it is best described in plain English: Can the State use the "pimp" statute to charge a prostitute with a felony for engaging in conduct that is otherwise by definition only a misdemeanor? We hold it cannot.

On September 20, 1990, appellee John Hartman was charged with promoting prostitution, a class C felony, Ind. Code Ann. §...

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