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Procuring Prostitution

What the law says

Sections 229(G) of the Criminal Code Queensland states:

  1. A person who-
    • (a) procures another person to engage in prostitution, either in Queensland or elsewhere; or
    • (b) procures another person-
      • (i) to leave Queensland for the purpose of engaging in prostitution elsewhere; or
      • (ii) to leave the other person's usual place of residence in Queensland for the purpose of engaging in prostitution, either in Queensland or elsewhere;
    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. That the accused knowingly procured the complainant;
  2. 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 Procuring Prostitution is 7 years imprisonment.

If the procured person is not an adult or is an intellectually impaired person, the offender is liable to a maximum of 14 years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Duress
  2. Identification i.e. not the accused
  3. Accused was not aware the recruitment was for the purpose of prostitution.
  4. The arrangement was not of a commercial nature
  5. There was no sexual activity

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

 

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