PROXENETISM
LexInter | June 10, 2003 | 0 Comments

PROXENETISM

PENAL CODE
(Legislative Part)

Section 2: Procuring and resulting offenses

Article 225-5

(Law n ° 2001-1062 of November 15, 2001 art. 60 Official Journal of November 16, 2001)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)
 Pimping is the act, by anyone, in any way whatsoever:
1 ° of aiding, assisting or protecting the prostitution of others;
2 ° To profit from the prostitution of others, to share the proceeds thereof or to receive subsidies from a person habitually engaged in prostitution;
3 ° To hire, train or divert a person with a view to prostitution or to exert pressure on him or her to become prostitutes or to continue to do so.
Pimping is punished by seven years’ imprisonment and a fine of 150,000 euros.

Article 225-6

(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)
 Is assimilated to procuring and punishable by the penalties provided for by article 225-5 the fact, by anyone, in any way whatsoever:
1 ° To act as an intermediary between two people, one of whom engages in prostitution and the other exploits or remunerates the prostitution of others;
2 ° To make it easier for a pimp to justify fictitious resources;
3 ° Not being able to justify resources corresponding to his lifestyle while living with a person who habitually engages in prostitution or while being in habitual relations with one or more persons engaged in prostitution;
4 ° To hinder the prevention, control, assistance or re-education action undertaken by qualified organizations with regard to persons in danger of prostitution or engaged in prostitution.

Article 225-7

(Law n ° 98-468 of June 17, 1998 art. 13 Official Journal of June 18, 1998)
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)

Pimping is punishable by ten years’ imprisonment and a fine of 1,500,000 euros when it is committed:
1 ° With regard to a minor;
2 ° With regard to a person whose particular vulnerability, due to his age, to an illness, an infirmity, a physical or mental deficiency or a state of pregnancy, is apparent or known to the perpetrator;
3 ° With regard to several people;
4 ° With regard to a person who has been encouraged to engage in prostitution either outside the territory of the Republic, or upon arrival on the territory of the Republic;
5 ° By a legitimate, natural or adoptive ascendant of the person who prostitutes himself or by a person who has authority over him or abuses the
6 ° By a person called upon to participate, by virtue of his or her functions, in the fight against prostitution, the protection of health or the maintenance of public order;
7 ° By a person carrying a weapon;
8 ° With the use of coercion, violence or deceitful maneuvers;
9 ° By several persons acting as perpetrators or accomplices, without constituting an organized gang;
10 ° Through the use, for the dissemination of messages intended for an undetermined audience, of a telecommunications network.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in this article.

Article 225-7-1

(Law n ° 2002-305 of March 4, 2002 art. 13 Official Journal of March 5, 2002)
(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)

Pimping is punished by fifteen years of criminal imprisonment and a fine of 3,000,000 euros when it is committed against a minor of fifteen years.

Article 225-8

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)

Pimping provided for in article 225-7 is punishable by twenty years of criminal imprisonment and a fine of 3,000,000 euros when committed in an organized gang.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for by this article.

Article 225-9

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)

Pimping committed by resorting to torture or acts of barbarism is punishable by life imprisonment and a fine of 4,500,000 euros.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offense provided for in this article.

Article 225-10

(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)
(Law nº 2003-239 of March 18, 2003 art. 50 1º, art. 51 Official Journal of March 19, 2003)

Is punished by ten years of imprisonment and a 750,000 euros fine the fact, by anyone, acting directly or by an intermediary:
1 ° To own, manage, operate, direct, operate, finance or help finance a prostitution establishment ;
2 ° Owner, manager, operator, director, operating, financing or helping to finance any establishment open to the public or used by the public, to accept or habitually tolerate that one or more persons engage in prostitution in the inside the establishment or its annexes or are looking for clients there with a view to prostitution;
3 ° To sell or keep at the disposal of one or more persons premises or sites not used by the public, knowing that they will engage in prostitution there;
4 ° To sell, rent or make available, in any way whatsoever, to one or more persons, vehicles of any kind, knowing that they will engage in prostitution there.
The first two paragraphs of article 132-23 relating to the safety period are applicable to the offenses provided for in points 1 and 2 of this article.

Article 225-10-1

(inserted by Law nº 2003-239 of March 18, 2003 art. 50 2º Official Journal of March 19, 2003)

The fact, by any means, including even a passive attitude, of publicly soliciting others with a view to inciting them to sexual relations in exchange for remuneration or a promise of remuneration is punishable by two months of imprisonment and a fine of 3,750 Euros.

Article 225-11

(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)

The attempt of the offenses provided for in this section is punishable by the same penalties.

Article 225-12

(Law nº 2003-239 of March 18, 2003 art. 50 1º Official Journal of March 19, 2003)

Legal persons can be declared criminally responsible, under the conditions provided for in article 121-2, for the offenses defined in articles 225-5 to 225-10.
The penalties incurred by legal persons are:
1 ° The fine, in accordance with the terms set out in article 131-38;
2 ° The penalties mentioned in article 131-39.

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