Procuring a Person by Drugs

The offence of Procuring a Person by Drugs carries a maximum penalty of 10 years imprisonment.

What is Procuring a Person by Drugs?

The offence of Procuring a Person by Drugs is set out in section 91B of the Crimes Act 1900 (NSW) and states:

Whosoever by means of any fraud, violence, threat, or abuse of authority, or by the use of any drug or intoxicating liquor, procures, entices, or leads away any person 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 ten years.

Procuring a Person by Drugs is when a person causes, encourages or leads away someone who is not a prostitute, for the purpose of prostitution by means of fraud, violence, threats or abuse of authority. 

The following acts constitute Procuring a Person by Drugs:

• Forcing someone to engage in prostitution after intoxicating them with alcohol.

• Threatening someone to engage in prostitution whilst they are under the influence of drugs

What Must be Proven?

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

• That a person procured, enticed or led the victim away, and
• Did so by means of violence, fraud, threat or abuse of authority, or by the use of any drug or intoxicating liquor, and
• The other person was not a prostitute, and
• The procurement was for the purpose of prostitution.

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 for Procuring a Person by Drugs

The following defence may be available for a Procuring a Person by Drugs charge:

• Duress 
• Denial that what happened was for the purpose of prostitution

Common Questions about Conduct of Business Involving Sexual Servitude

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 a Person by Drugs 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 a Person by Drugs 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 person was consenting? 

A person cannot give valid consent if they are under the influence of alcohol or drugs. Our solicitors can provide you with advice on this.

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