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The Sexual Offences (Northern Ireland) Order 2008

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Changes over time for: Cross Heading: Exploitation of prostitution

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Version Superseded: 27/11/2023

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Point in time view as at 01/06/2015.

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Exploitation of prostitutionN.I.

Causing or inciting prostitution for gainN.I.

62.—(1) A person commits an offence if—

(a)he intentionally causes or incites another person to become a prostitute in any part of the world, and

(b)he does so for or in the expectation of gain for himself or a third person.

(2) A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

Controlling prostitution for gainN.I.

63.—(1) A person commits an offence if—

(a)he intentionally controls any of the activities of another person relating to that person's prostitution in any part of the world, and

(b)he does so for or in the expectation of gain for himself or a third person.

(2) A person guilty of an offence under this Article is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

Keeping a brothel used for prostitutionN.I.

64.—(1) A person commits an offence if he keeps, manages, or acts or assists in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).

(2) A person who commits an offence under this Article shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years.

(3) A conviction under this Article shall be taken into account under section 3 of the Criminal Law Amendment Act (Northern Ireland) 1923 (c. 8), in the same way as a conviction under section 13 of the Criminal Law Amendment Act 1885 (c. 69).

[F1Paying for sexual services of a personN.I.

64A(1) A person (A) commits an offence if A obtains sexual services from a person (B)in exchange for payment—

(a)if the payment is made or promised by A; or

(b)if the payment is made or promised by a third party and A knows or believes that the payment is made or promised by a third party.

(2) A person guilty of an offence under this Article is liable—

(a)on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment to imprisonment for a term not exceeding one year or a fine, or both.

(3)  In paragraph (1), “ payment ” means any financial advantage to B, or any person other than B, including the discharge of an obligation to pay or the provision of goods or services (other than sexual services)gratuitously or at a discount.

(4) No offence is committed under this Article unless the sexual services that are provided or are to be provided by B to A involve—

(a)B being physically in A's presence,

(b)B touching A or A touching B, and

(c)the touching being sexual; or

(d)B touching B in a sexual manner for the sexual gratification of A, B being physically in A's presence.

(5) B does not commit an offence by doing anything which (apart from this paragraph) would amount to—

(a)aiding, abetting, counselling or procuring the commission of an offence under this Article by A;

(b)conspiring with A to commit an offence under this Article; or

(c)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting offences) in relation to the commission of an offence under this Article by A.]

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