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NSW Unusual Auction Website - Legal Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Franken210, 1 August 2016.

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  1. Franken210

    Franken210 Member

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    Hi,

    Is it legally allowed to run a website similar to eBay where people can sell their body or other services around love to the highest bidder under Criminal Law? I know similar websites exist across the globe but couldn't find any in Australia.

    The below article mentions that living off the earnings of a prostitute is illegal, me as the person who makes money off the website, would I commit a crime?

    Advertising for prostitutes is stated as illegal as well. Does it apply to advertising online in 18+ forums as well?

    Brothels are legal in NSW under the Summary Offences Act 1988.[34] The only activities that are illegal are:
    • living on the earnings of a prostitute, although persons who own or manage a brothel are exempt
    • causing or inducing prostitution (procuring: Crimes Act s.91A,B)
    • advertising that a premises is used for prostitution, or advertising for prostitutes
    Thanks for your help
     
  2. Rod

    Rod Well-Known Member

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    I have not researched this area of law but I'd be saying to myself:

    1. There are literally millions of websites around the world with some mention of sex and images.
    2. There are thousands of such sites in Australia
    3. Is my idea unique? No, many examples overseas
    4. Would existing people in the industry be aware of the idea? Most likely yes.
    5. There appear to be no sites in Australia with my idea.
    6. Why aren't existing players using this idea? Likely because it is potentially illegal.
    7. If I implement the idea, and there's at least one law, even if obscure and rarely used, in one state, can I be prosecuted? Yes. A viewer/user of my site could be in any state and I'd be guilty of an offence.
    8. Can I stop material being displayed in any state? Highly unlikely. Cost and effort maintaining filters would be prohibitive.
    9. Even if legal, is there a chance underage people could use the site? Yes, good chance. Sex with minors is a very serious offence with serious jail time. Enablers of this activity would face serious charges and jail time.
    10. Do I live in Australia? ie Can authorities get me if they wanted to? Yes

    After thinking about this for 5 mins, the idea is not looking good, move onto to something else. Of course, if you happen to a drug supplier/dealer these issues might just be standard business risks.
     
  3. Tim W

    Tim W Lawyer

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    Let me be clear.
    Pimping is not a game for the naive.
    Stay out of it.
     

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