Premises Used for Child Prostitution

The offence of Premises not to be used for Child Prostitution carries a maximum penalty of 7 years imprisonment.

What is the offence of: Premises not to be used for Child Prostitution?

The offence of Premises not to be used for Child Prostitution is set out under section 91F of the Crimes Act 1900 (NSW) and states:

(1)  Any person who is capable of exercising lawful control over premises at which a child participates in an act of child prostitution is liable to imprisonment for 7 years.

(2)  For the purposes of this section, each person—

(a)  who is an owner, lessee, licensee or occupier of premises,

(b)  who is concerned in the management of premises or in controlling the entry of persons to, or their movement within, premises,

is to be considered as capable of exercising lawful control over the premises, whether or not any other person is capable of exercising lawful control over the premises.

A person can be charged with this offence if they have control over the premises the act is occurring in, either by being an owner, lease holder, licensee or resident at the premises.

The following acts constitute Premises not to be used for Child Prostitution:

• The owner of a strip club allowing a 14 year old to perform sexual acts for customers
• The lease holder of a house allowing men to come in and pay to have sex with their 15 year old daughter

What must be proven?

For a person to be found guilty of Premises not to be used for Child Prostitution, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That they were in control of a licensed premises; and
• That an act of child prostitution occurred in the premises.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to Premises not to be used for Child Prostitution

The following defences may be available for a Premises not to be used for Child Prostitution charge:

• To argue that you were not in control of the licensed premises;
• To argue that an act of child prostitution did not occur in the premises;
• To argue that you did not know an act of child prostitution occurred in the premises;
• Reasonable and honest mistake of fact as to age
• Duress 
• To argue that did not know the act that occurred was one involving child prostitution

Common Questions about Premises not to be used for Child Prostitution

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a Premises not to be used for Child Prostitution charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and this conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of this nature can completely rule out certain career paths such as teaching and a range of government employment options. This offence may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for this charge?

Offences of this nature will likely attract a term of imprisonment if convicted, depending on the circumstances surrounding the offence.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.