Using Premises for Child Prostitution is an offence under section 91F of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were capable of exercising lawful control over a premises, and
- A child participated in prostitution on that premises.
You are capable of exercising lawful control over a premises if you were an owner, lessee, licensee, occupier or were involved in the management of the premises, or controlled the entry to, or movement of people on, the premises.
You are not guilty if you are able to satisfy the court ‘on the balance of probabilities’, that:
- You did not know of the act, or
- You did not know the act being engaged in was prostitution, or
- You used all due diligence to prevent the child from participating in the act.
Duress is a defence to the charge.
If you are going to court for Using Premises for Child Prostitution, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 91F of the Crimes Act 1900 deals with the offence of ‘Using Premises for Child Prostitution’ and reads as follows:
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.
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Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We have the best and most comprehensive client review record of any law firm in Australia.
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We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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