Section 20 Summary Offences Act – Public Acts of Prostitution


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The Legislation

Section 20 of the Summary Offences Act 1998 (NSW) is the criminal offence of Public Acts of Prostitution and is stated below.

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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 as defined in section 61H of the Crimes Act 1900, or
(b) masturbation committed by one person on another,
for payment.