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Knowingly Participating In Provision Of Prostitution - QLD

What the law says

Sections 229H of the Criminal Code Queensland states:

  1. A person who knowingly participates directly or indirectly in the provision of prostitution by another person commits a crime.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. A person knowingly participates in the provision of prostitution by another person through a company, or other entity, or through another individual.
  2. A person who provides financial or other resources to enable the establishment of premises which prostitution is carried out or coordinated knowing that the premises will be so used.
  3. A person who franchises a network of prostitutes as if they were operating independently.
  4. A person who receives financial or other benefit from another person engaging in prostitution in return for procuring clients.
  5. Drivers, operators and hirers of vehicles who provide transport, or the means of transport, for prostitutes or clients knowing that the transport provided is assisting prostitution
  6. A person who receives, directs or redirects, telephone calls, or other forms of messages, or who takes bookings or receives money, knowing that the action is in connection with the engaging in of prostitution by another person
  7. A person who participates, directly or indirectly, in nay service, action or matter for the purpose of knowingly enabling another person to engage in prostitution,

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Knowingly Participating in Provision of Prostitution is

  • (a) for a first offence-imprisonment for 3 years; or
  • (b) for a second offence-imprisonment for 5 years; or
  • (c) for a third or subsequent offence-imprisonment for 7 years.

However if a person who is not an adult or is an intellectually impaired person is in the offender's knowledge engaged in the provision of the prostitution, the offender is liable to a maximum penalty of 14 years imprisonment.

Which court will hear the matter

This matter may be indictable which means it is dealt with in the District Court. It may also be dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Identification i.e. not the accused
  2. The accused did not knowingly participate directly or indirectly in the provision of prostitution.
  3. Subsection (1) does not apply to a person who knowingly participates directly or indirectly, in the provision of prostitution by another person if
    • (a) the activity constituting the prostitution is an activity mentioned in Section 229E(1); and
    • (b) the person engaging in the activity is providing adult entertainment under an adult entertainment permit and is an adult and is not an intellectually impaired person; and
    • (c) the activity is authorised under the permit.
  4. Subsection (1) does not apply to a person who knowingly participates, directly or indirectly, in the provision of prostitution by another person if-
    • (a) the provision of the prostitution by the other person does not take place as a licensed brothel, and is not otherwise unlawful under this chapter; and
    • (b) the participant-
      • (i) is the holder of a current licence issued under the Security Providers Act 1993 for carrying out the functions of a bodyguard under that act; and
      • (ii) participates in the provision of the prostitution no more that the extent necessary for providing services as a bodyguard; and
    • (c) the other person is an adult and is not intellectually impaired

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Knowingly Participating in Provision of Prostitution matters)

 

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