Procuring for Prostitution

The offence of Procuring for Prostitution carries a maximum penalty of 7 years imprisonment. 

What is Procuring for Prostitution?

The offence of Procuring for Prostitution is set out in section 91A of the Crimes Act 1900 (NSW) which states:

Whosoever procures, entices or leads away any person (not being a prostitute), whether with that person’s consent or not for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for seven years.

The offence of Procuring for Prostitution is when a person causes, encourages or leads away any person who is not a prostitute, for the purpose of prostitution, with or without that person’s consent in NSW. 

The following acts constitute Procuring for Prostitution:

• Meeting someone in a club and using an incentive to cause them to provide sexual acts to you. 
• Meeting someone and leading them out of a venue and promising them money for them to engage in sexual acts. 

What must be proven?

For a person to be found guilty of Procuring for Prostitution, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you procured, enticed or led away another person
• You did so for the purpose of having the other person engage in prostitution (providing sexual services)
• The person was not a prostitute 

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 a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused elects to have the matter dealt with in the District Court.

Possible Defences to Procuring for Prostitution

The following defences may be available for a Procuring for Prostitution charge:

• A person genuinely believed that the other person was a prostitute 
• Duress 

Common Questions about Procuring for Prostitution

Will I receive a criminal conviction?

A conviction and criminal record for this offence is likely. 

In NSW, a Court can impose any of the following penalties for a Procuring for 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 a conviction for a Procuring for Prostitution charge 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 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 can attract a term of imprisonment if convicted, depending on the circumstances surrounding the offence.

What if the other person consented?

Consent is immaterial in the circumstance of this offence. The offence of Procuring for Prostitution is illegal regardless of whether the other person provides consent or not.

What if I thought that the other person was actually a prostitute?

Depending on the circumstances, that can form a possible defence to the charge and is something that we can discuss with you.

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