Procuring for Prostitution
In NSW, Procuring a Person for Prostitution carries a maximum penalty of 7 years imprisonment. Prostitution includes acts between persons of different sexes or of the same sex, and includes sexual intercourse as defined in section 61H of the Crimes Act 1900, and masturbation performed by one person on another.
The Offence of Procuring a Person for Prostitution
The offence of Procuring a Person for Prostitution is contained in section 91A of the Crimes Act 1900 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.
What Actions Might Constitute Procuring a Person for Prostitution?
Whilst prostitution in NSW is not illegal per se, it would be an offence against this section to procure (encourage, entice, recruit) someone to be a prostitute.
What the Police Must Prove
To convict a person of procuring a person for prostitution, the prosecution must prove each of the following matters beyond a reasonable doubt:
- That they procured, enticed or led away the victim; and
- The victim was not a prostitute; and
- That procurement was for the purposes of prostitution.
Which Court Will Hear Your Matter?
This matter is a Table 1 offence which means that either the DPP or the accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.