Prostitution
- Geoff Harrison
- 24 minutes ago
- 8 min read
Published By Geoff Harrison | 28 August 2025
Offences pertaining to prostitution are generally dealt with under the Summary Offences Act 1988, where soliciting or engaging in acts of prostitution within view from a dwelling, school, church, or hospital is an offence as per ss19, 19A and 20 of the Summary Offences Act 1988. The maximum penalty being up to 3 months imprisonment. Offences relating to Child Prostitution under the Crimes Act 1900 carry a maximum sentence of up to 14 years imprisonment.
Other Sources:
Cases:
Extracted Legislation:
CRIMES ACT 1900 - SECT 91C Definitions
Definitions
For the purposes of this Division--
"act of child prostitution" means any sexual service, whether or not involving an indecent act--
(a) that is provided by a child for the payment of money or the provision of any other material thing (whether or not it is in fact paid or provided to the child or to any other person), and
(b) that can reasonably be considered to be aimed at the sexual arousal or sexual gratification of a person or persons other than the child,
and includes (but is not limited to) sexual activity between persons of different sexes or the same sex, comprising sexual intercourse (as defined in Division 10) for payment or masturbation committed by one person on another for payment, engaged in by a child.
"child" means a person who is under the age of 18 years.
CRIMES ACT 1900 - SECT 91D
Promoting or engaging in acts of child prostitution
(1) Any person who--
(a) by any means, causes or induces a child to participate in an act of child prostitution, or
(b) participates as a client with a child in an act of child prostitution,
is liable to imprisonment for 10 years or, if the child is under the age of 14 years, to imprisonment for 14 years.
(3) The consent of a child is not a defence to a charge relating to an offence under this section.
CRIMES ACT 1900 - SECT 91E
Obtaining benefit from child prostitution
(1) Any person who receives money or any other material benefit knowing that it is derived directly or indirectly from an act of child prostitution is liable to imprisonment for 10 years or, if the act of child prostitution involves a child under the age of 14 years, to imprisonment for 14 years.
(2) A person is not guilty of an offence under this section if the person satisfies the court that the money or other material benefit concerned--
(a) was received by the person for the lawful provision of goods or services, or
(b) was paid or provided in accordance with a judgment or an order of a court or a legislative requirement, whether or not under New South Wales law.
(3) The higher maximum penalty under this section in the case of an offence involving a child under the age of 14 years does not apply unless the age of the child is set out in the charge for the offence.
CRIMES ACT 1900 - SECT 91F
Premises not to be used for child prostitution
(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.
(3) A person is not guilty of an offence under this section relating to an act of child prostitution if the person satisfies the court--
(a) that the person did not know about the act, or
(b) that the person did not know that a child was participating in the act or, for any other reason, did not know that the act was an act of child prostitution, or
(c) that the person used all due diligence to prevent the child from participating in the act.
SUMMARY OFFENCES ACT 1988 - SECT 15A
Causing or inducing prostitution
(1) A person must not, by coercive conduct or undue influence, cause or induce another person to commit an act of prostitution.
(2) A person must not, by coercive conduct or undue influence, cause or induce another person to surrender any proceeds of an act of prostitution.
Maximum penalty--50 penalty units or imprisonment for 12 months, or both.
SUMMARY OFFENCES ACT 1988 - SECT 16
Prostitution or soliciting in massage parlours etc
A person shall not use, for the purpose of prostitution or of soliciting for prostitution, any premises held out as being available--
(a) for the provision of massage, sauna baths, steam baths or facilities for physical exercise, or
(b) for the taking of photographs, or
(c) as a photographic studio,
or for services of a like nature.
Maximum penalty--5 penalty units or imprisonment for 3 months.
SUMMARY OFFENCES ACT 1988 - SECT 17
Allowing premises to be used for prostitution
(1) A person, being the owner, occupier or manager, or a person assisting in the management, of any premises held out as being available--
(a) for the provision of massage, sauna baths, steam baths or facilities for physical exercise, or
(b) for the taking of photographs, or
(c) as a photographic studio,
or for services of a like nature, shall not knowingly suffer or permit the premises to be used for the purpose of prostitution or of soliciting for prostitution.
Maximum penalty--50 penalty units or imprisonment for 12 months.
(2) A conviction under subsection (1) does not exempt the offender from any penalty or other punishment to which he or she may be liable for keeping or being concerned in keeping a disorderly house, or for the nuisance occasioned by it.
SUMMARY OFFENCES ACT 1988 - SECT 18
Advertising premises used for prostitution
A person shall not, in any manner--
(a) publish or cause to be published an advertisement, or
(b) erect or cause to be erected any sign,
indicating that any premises are used or are available for use, or that a person is available, for the purposes of prostitution.
Maximum penalty--6 penalty units or imprisonment for 3 months.
SUMMARY OFFENCES ACT 1988 - SECT 18A
Advertising for prostitutes
(1) A person shall not, in any manner, publish or cause to be published an advertisement for a prostitute.
Maximum penalty--10 penalty units or imprisonment for 3 months.
(2) In this section,
"advertisement for a prostitute" means an advertisement that indicates, or that can be reasonably taken to indicate, that--
(a) employment for a prostitute is or may be available, or
(b) a person is required for employment as a prostitute or to act as a prostitute, or
(c) a person is required for employment in a position that involves, or may involve, acting as a prostitute.
SUMMARY OFFENCES ACT 1988 - SECT 19
Soliciting clients by prostitutes
(1) A person in a road or road related area shall not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution.
Maximum penalty--6 penalty units or imprisonment for 3 months.
(2) A person shall not, in a school, church or hospital, solicit another person for the purpose of prostitution.
Maximum penalty--6 penalty units or imprisonment for 3 months.
(3) A person shall not, in or near, or within view from, a dwelling, school, church, hospital or public place, solicit another person, for the purpose of prostitution, in a manner that harasses or distresses the other person.
Maximum penalty--8 penalty units or imprisonment for 3 months.
(4) The provisions of this section are in addition to, and do not derogate from, any other law (including section 4).
(5) In this section--
(a) a reference to a person who solicits another person for the purpose of prostitution is a reference to a person who does so as a prostitute, and
(b) a reference to soliciting includes a reference to soliciting from a motor vehicle, whether moving or stationary.
SUMMARY OFFENCES ACT 1988 - SECT 19A
Soliciting prostitutes by clients
(1) A person in a road or road related area must not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution.
Maximum penalty--6 penalty units or imprisonment for 3 months.
(2) A person must not, in a school, church or hospital, solicit another person for the purpose of prostitution.
Maximum penalty--6 penalty units or imprisonment for 3 months.
(3) A person must not, in or near, or within view from, a dwelling, school, church, hospital or public place, solicit another person, for the purpose of prostitution, in a manner that harasses or distresses the other person.
Maximum penalty--8 penalty units or imprisonment for 3 months.
(4) The provisions of this section are in addition to, and do not derogate from, any other law (including section 4).
(5) In this section--
(a) a reference to a person who solicits another person for the purpose of prostitution is a reference to a person who does so as a prospective client of a prostitute, and
(b) a reference to soliciting includes a reference to soliciting from a motor vehicle, whether moving or stationary.
SUMMARY OFFENCES ACT 1988 - SECT 20
Public acts of prostitution
(1) Each of the persons taking part in an act of prostitution--
(a) in, or within view from, a school, church, hospital or public place, or
(b) within view from a dwelling,
is guilty of an offence.
Maximum penalty--10 penalty units or imprisonment for 6 months.
(2) Each of the persons taking part in an act of prostitution in a vehicle that is--
(a) in, or within view from, a school, church, hospital or public place, or
(b) within view from a dwelling,
is guilty of an offence whether or not the act of prostitution can be seen from outside the vehicle.
Maximum penalty--10 penalty units or imprisonment for 6 months.
(3) A person is not liable to be punished for an offence under both subsections (1) and (2) in respect of the same act of prostitution.
(4) The provisions of this section are in addition to, and do not derogate from, any other law (including sections 4 and 5).
(5) In this section--
"act of prostitution" includes sexual activity between persons of different sexes or of the same sex, comprising--
(a) sexual intercourse within the meaning of Division 10 of Part 3 of the Crimes Act 1900 , or
(b) masturbation committed by one person on another,
for payment.
SUMMARY OFFENCES ACT 1988 - SECT 21
Search warrant
(1) A member of the Police Force may apply to an authorised officer for the issue of a search warrant if the member of the Police Force has reasonable grounds for believing that section 16 or 17 is being contravened or, within 72 hours, will be contravened with respect to any premises.
(2) An authorised officer to whom an application is made under subsection (1) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force--
(a) to enter and search the premises, and
(b) to arrest, search and bring before a Magistrate or an authorised officer within the meaning of the Summary Offences Act 1988 any person who is, or appears to have been, contravening either section 16 or 17, and
(c) to seize any article that may be evidence of such a contravention.
(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4) In this section--
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002.
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