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Using Premises for Child Prostitution

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:

  1. You were capable of exercising lawful control over a premises, and
  2. 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:

  1. You did not know of the act, or
  2. You did not know the act being engaged in was prostitution, or
  3. You used all due diligence to prevent the child from participating in the act.

Duress is a defence to the charge.

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