so what is prostitution in Queensland

[Brissie.Punter]

Queensland Criminal Code 1899 - SECT 229E229E Meaning of prostitution*229E Meaning of prostitution

(1) A person engages in prostitution if the person engages, or offers to engage, in the provision to another person, under an arrangement of a commercial character, of any of the following activities—

(a) sexual intercourse;

(b) masturbation;

(c) oral sex;

(d) any activity, other than sexual intercourse, masturbation or oral sex, that involves the use of 1 person by another for his or her sexual satisfaction involving physical contact.

(2) However, a person does not engage in prostitution if—

(a) the activity is an activity mentioned in subsection (1)(d); and

(b) the person is providing adult entertainment under an adult entertainment permit and is an adult and is not a person with an impairment of the mind; and

(c) the activity is authorised under the permit.

(3) Subsection (1) applies equally to males and females.

(4) It does not matter, in relation to an arrangement for the provision of an activity mentioned in subsection (1)(a), (b), (c) or (d), whether—

(a) the arrangement is initiated with the person engaging in the provision of the activity or a third person; or

(b) the pecuniary or other reward under the arrangement is to be received by the person engaging in the provision of the activity or a third person.

(5) In this section—

oral sex means the bringing into contact of any part of the genitalia or anus of a person with any part of the mouth of another person.

[Brissie.Punter]

So it follows that to be ‘prostitution’ it must have all three of the following:

Commercial character (exchange of money or something else of value)

Sexual satisfaction

Physical contact

[Bubbaloo]

Well, damn...

[Brissie.Punter]

Respect Inc provides the following advice to sole operators:

Private work (sole traders) This is where a single sex worker works alone, whether it is from their home, unit, motel or hotel. Private sex workers are lawfully allowed to provide incalls and outcalls to clients provided they are working by themselves. You may not work as an escort doing outcalls for an escort agency regardless of where the agency is located (e.g. you may not work for an interstate escort agency and provide escorts in Queensland).

The only other persons who can participate in the business are persons hired to conduct the services of a bodyguard and/or driver. This can be the same person but they must be licensed under the Security Providers Act 1993 to be both a bodyguard and driver. The bodyguard must have a Bodyguard Licence and the driver must have a Crowd Controller’s Licence.

Sole traders are not allowed to have any other support staff such as receptionists or cleaners but it is legal to have someone to be a ‘message taker’. That is someone who keeps track of where you are going and how long you will be but only as much as is necessary to keep you safe. The ‘message taker’ cannot be a sex worker themselves or take messages for more than one sex worker at a time. The ‘message taker’ cannot be on premises while you are working.

[Bubbaloo]

Bottom line: Revenue. Except in the case of a sole operating, primate ML (actually, surprising they let this slip through the cracks); if the QLD government can't get a piece (to later spend on programs and waste never approved by its people), then it ain't happening.

[Brissie.Punter]

Queensland Criminal Code 1899 - SECT 229I229I

Persons found in places reasonably suspected of being used for prostitution

(1) A person who, without reasonable excuse, is found in, or leaving after having been in, a place suspected on reasonable grounds of being used for the purposes of prostitution by 2 or more prostitutes commits a crime.

Maximum penalty—

(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

Queensland Criminal Code 1899 - SECT 229M Evidence that business of prostitution is being carried on

(1) The fact that a business of prostitution is being carried on may be inferred from employment records, business records, telephone records, advertisements and other relevant factors and circumstances.

(2) However, evidence of condoms and other material for safe sex practices is not admissible against a defendant.

Queensland Criminal Code 1899 - SECT 229N Evidence that place is being used for prostitution

(1) The fact that a place is being used for the purposes of prostitution may be inferred from evidence of the condition of the place, material found at the place and other relevant factors and circumstances.

[Bubbaloo]

Kinda sucks for poor Mr. Legitimate who just happens to pop into a place he knows nothing about on the day they decide to close the net.

[Brissie.Punter]

don't despair Bubba ... if you get caught you could use the following (fess up, dob everyone else in, happy days):

Queensland Criminal Code 1899 - SECT 229J Certificate of discharge for particular offences

(1) In this section—

defendant means a person charged with an unlawful prostitution offence or an unlawful presence offence.

identifying matter means—

(a) the name, address, place of employment or another particular of the defendant or another person that is likely to lead to the identification of the defendant; or

(b) any photograph, picture, videotape or other visual representation of the defendant or another person that is likely to lead to the identification of the defendant.

the court means a court before which is brought a charge against a defendant for an unlawful prostitution offence or an unlawful presence offence, and includes a justice conducting an examination of witnesses in relation to an unlawful prostitution offence or an unlawful presence offence charged against a defendant.

unlawful presence offence means an offence against section 229I.

unlawful prostitution offence means an offence against section 229HC(1) or (2).

(2) At any time before being found guilty of the unlawful prostitution offence or the unlawful presence offence, the defendant—

(a) may apply to the court for the issue of the certificate of discharge mentioned in subsection (6) in relation to the unlawful prostitution offence or the unlawful presence offence; and

(b) may apply to the court for an order prohibiting publication of identifying matter in relation to the defendant if the certificate is granted.

(3) The application may be heard in court or in chambers.

(4) If the defendant has been charged on indictment, the application is to be heard and determined by a judge sitting alone without a jury.

(5) On making the application the defendant must give evidence, and may be cross-examined, in relation to all matters relevant to—

(a) the commission, by the defendant, of the unlawful prostitution offence or the unlawful presence offence; and

(b) the commission, by any other person, of an offence against this Code—

(i) if the offence is an unlawful prostitution offence—in relation to carrying on the business of providing unlawful prostitution; or

(ii) if the offence is an unlawful presence offence—in relation to the premises.

(6) If the court is satisfied that the evidence is a full and true disclosure by the defendant of all material particulars within the defendant's knowledge relevant to the application, the court must immediately give the defendant a certificate stating that the defendant is discharged on the unlawful prostitution offence or the unlawful presence offence.

(7) The defendant can not afterwards be convicted or further prosecuted for the unlawful prostitution offence or the unlawful presence offence.

(8) If the court grants an application under subsection (2)(b), the court may make an order prohibiting the publishing of any identifying matter in relation to the defendant either indefinitely or until further order.

(9) A police officer or other person may serve a copy of the order on any person.

(10) A person who knowingly contravenes an order under subsection (8) commits a crime.

Maximum penalty for subsection (10)—2000 penalty units, imprisonment for 5 years or both.

[Bubbaloo]

Yeah... I reckon that poor, legitimate massage-seeker my take issue with the dobbing in part. Especially the principle of it. Show a lack of moral fortitude and be rewarded by evading a law that the dobbed-on parties will now pay the penalty for.

[gpeck80]

If I was PM I'd set up a nation wide free blowjob day. It's where any women caught outdoors have to give one to any man or woman that asks.

I've been lobbying the senate to pass that into law now for nigh on ten years now. For some reason they're not answering my calls :smile:

[Bubbaloo]

It would certainly trigger some meaningful dialogue.

[gpeck80]

It'd definitely trigger something. :cool2:

[icanfly]

Kinda sucks for poor Mr. Legitimate who just happens to pop into a place he knows nothing about on the day they decide to close the net.

Yeah I have always wondered how this can be legal. How can you prove for or against about having any knowledge that sexual activities occur on the premises. You walk in off the street just wanting a massage get nabbed you've done nothing wrong how can that be just? And why should you have to assist in providing information to be let off when you've done nothing wrong? Its just like the movie studios trying to bring down joe blow who downloads a movie rather than going after the person that uploaded it they should only be going after the instigator in the crime, the ML who offered the service illegally. Also if you receive the service whats to say you have knowledge its not allowed? You may be visiting interstate or from another country where its legal. Theres no sign on the front door of QLD to say this is illegal

[daveweelan82]

Yeah I have always wondered how this can be legal. How can you prove for or against about having any knowledge that sexual activities occur on the premises. You walk in off the street just wanting a massage get nabbed you've done nothing wrong how can that be just? And why should you have to assist in providing information to be let off when you've done nothing wrong? Its just like the movie studios trying to bring down joe blow who downloads a movie rather than going after the person that uploaded it they should only be going after the instigator in the crime, the ML who offered the service illegally. Also if you receive the service whats to say you have knowledge its not allowed? You may be visiting interstate or from another country where its legal. Theres no sign on the front door of QLD to say this is illegal

They will just say ignorance is not an excuse or defence in the eyes of the law.Anoying I know but what can you do .

[RottenLittlePunt]

It's an objective test. Note the wording "a place suspected on reasonable grounds"

That means what would an ordinary person think given the same circumstances.

Of course if they wanted to they could obtain evidence from things such as this forum to confirm members have sufficient knowledge to suspect a place.

[Brissie.Punter]

The Criminal Code deals with the issue of evidence of reasonable grounds of premises being used for the purposes of prostitution:

SECT 229M: The fact that a business of prostitution is being carried on may be inferred from employment records, business records, telephone records, advertisements and other relevant factors and circumstances.

SECT 229N: The fact that a place is being used for the purposes of prostitution may be inferred from evidence of the condition of the place, material found at the place and other relevant factors and circumstances.

Once the above has been satisfied and the police obtain a warrant they may require any person found in, or leaving after having been in, the premises suspected of being used for the purposes of prostitution to provide a reasonable excuse for being on, in or leaving the premises.

[jaccky]

Jesus Christ. Stop cutting and pasting statutes! We get it..lol

[Brissie.Punter]

jaccy ... point taken ... however some punters access the forum on a mobile phone ... so the cut-n-paste in the last post was for their benefit so all the relevant information relevant to the post was easily accessible with minimal scrolling

I hope the information in the post leads to informed choices and assists punters to understand and minimise risk

[jaccky]

Ok. Fair enough. Informed choices. Hmm. Im obviously screwed. I'll share one piece of info though. Never use two condoms. One rubs on the other and can perforate it. Maybe I should've put that under the herpes post.

[gpeck80]

Another reason not to cross swords doing a threesome :surprise:

[hogansheros]

So it follows that to be ‘prostitution’ it must have all three of the following:

Commercial character (exchange of money or something else of value)

Sexual satisfaction

Physical contact

So, if the raid happened before the 'sexual satisfaction' was completed, that's a let off?

If the raid happened after but I didn't really get VFM or wasn't satisfied, i can plead that?

If the girl declined the HJ and I had to do it myself (ie no physical contact) then I can plead that?

How messy.

these were meant as light humour, not to be taken seriously.

HH