Type of law: CRIMINAL LAW A 2018 Alberta Guide to the Law Sex Work or Prostitution COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes only and is not meant as a replacement for professional legal advice. If you have a personal legal question that requires legal advice, please consult a lawyer. COPYRIGHT Copyright 2018, Student Legal Services of Edmonton. All rights reserved. Copying any material, in whole or in part, is prohibited unless prior consent has been obtained. Some material may be subject to copyright from an outside source and thus there may be different restrictions on the reproduction of this material. LIMITATION OF LIABILITY Student Legal Services of Edmonton is not liable for any loss or damage caused by an individual’s reliance on information or material obtained from Student Legal Services of Edmonton. By accessing the information, individuals agree that any usage is at their own risk. 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Table of Contents INTRODUCTION .......................................................................................................................................................................................... 1 RELATED OFFENCES ................................................................................................................................................................................... 1 ESCORT AGENCIES ...................................................................................................................................................................................... 5 PUBLIC INDECENCY .................................................................................................................................................................................... 6 GETTING ARRESTED FOR PROSTITUTION CHARGES .................................................................................................................................. 6 Undercover Police Officers .................................................................................................................................................................... 7 Photographs ........................................................................................................................................................................................... 7 CREATING OPTIONS AIMS AT REDUCING SEXUAL EXPLOITATION ............................................................................................................. 7 SEX TRADE OFFENDER PROGRAM (STOP) .................................................................................................................................................. 8 THE PROTECTION OF SEXUALLY EXPLOITED CHILDREN (PSECA) ................................................................................................................ 8 WHO CAN I CALL FOR MORE HELP OR INFORMATION? .............................................................................................................. 9 Reporting Abuse..................................................................................................................................................................................... 9 Legal Resources ...................................................................................................................................................................................... 9 Support ................................................................................................................................................................................................ 10 Counseling and Support ....................................................................................................................................................................... 10 Shelters ................................................................................................................................................................................................ 11 Health/Medical Resources ................................................................................................................................................................... 12 INTRODUCTION Sex work (previously known as prostitution) or receiving payment for sexual acts, is not a crime if a person is over 18 years old. However, there are a number of related offences that ARE illegal. 1. Stopping or Impeding Traffic (Criminal Code, Section 213 (1)(a)) 2. Communicating to Provide Sexual Services for Consideration (Criminal Code, Section 213 (1 ((1)) 3. Obtaining Sexual Services for Consideration (Criminal Code, Section 286.1) 4. Material Benefits for Sexual Services (Criminal Code, Section 286.2) 5. Procuring (Criminal Code, Section 286.3) Note: This is still relatively new law and it is unknown how all of it will be applied, please speak to a lawyer if you have any questions about specific examples and how they will be understood. RELATED OFFENCES 1. Stopping or Impeding Traffic Section 213 of the Criminal Code states that any person who stops or tries to stop a motor vehicle or blocks the flow of traffic (which includes pedestrians or vehicles), to communicate for the purposes of offering, providing or obtaining sexual services for consideration in a public place or in any place open to a public view is guilty of an offence. Under the Criminal Code a public place or a place open to public view would include anywhere where the public has access to. 1 2. Communication for the Purposes of Soliciting or Providing Sex Work Section 213 (1.1) of the Criminal Code states that any person who communicates for the purposes of offering, providing or obtaining sexual services for consideration in a public place or in any place open to a public view, or is next to a school, playground or daycare is guilty of an offence. Communication for the purpose of prostitution is any Vocab: attempt to: • Offer sex for payment or; Consideration means • Offer payment for sex. the exchange of sexual services in return for There are two main forms of communication: something of value, whether that is money or other goods in a) Verbal Communication: Verbal communication is using exchange. For example: words to say something, either by talking or in writing. drugs, clothes, food, For example: A person is breaking the law if they discuss the electronics. price of sex acts or the services to be performed. A person can still be charged even if the price is not fixed, the acts to be performed were not fixed, or the communication does not end with the sexual service being provided. b) Non-Verbal Communication: Non-verbal communication includes gestures, body language, hand signals or other ways of communicating without words. This can be anything from a wink to waving arms or interrupting the movement of pedestrians or traffic. Police must prove that the person used the action to stop another person for the purposes of providing or obtaining sexual services. For proof, the police look at facts like the time, place, past actions of the person stopping the car and other things going on in the area. A person can be found guilty of communicating for the purposes of prostitution even where there has been no physical contact. Any communication for the purposes of sexual acts in exchange for payment is enough. 3. Obtaining Sexual Services for Consideration UPDATE: It is an offence for anyone to pay another for sexual services. It is also an offence to communicate with anyone for the purpose of obtaining for consideration the 2 sexual services of a person. This can be punishable as an offence no matter where it takes place. The offence will have different punishments depending on where the exchange of services or communication took place and whether it is an indictable offence (more serious) or a summary conviction (less serious). See below: Adults: Indictable Offence: [more serious] • If communication happened in a public place, next to a school or church or a place where people under the age of 18 can reasonably be expected to be present, the minimum fine for a first offence is $2000 and for each offence after that it is $4000. • If communication happened in any other place the minimum fine for a first offence is $1000 and for each offence after that it is $2000. • In BOTH situations, the maximum penalty is 5 years imprisonment. Summary Conviction: [less serious] • If communication happened in a public place, next to a school or church, or a place where people under the age of 18 can reasonably be expected to be present the minimum fine for a first offence is $1000 and for each offence after that it is $2000. • If communication happened in any other place the minimum fine for a first offence is $500 and for each offence after that, it is $1000. • In BOTH situations the maximum penalty is 18 months imprisonment. Children: Section 286.1(2) – if the sexual services come from someone who is under the age of 18 the offence will be an INDICTABLE OFFENCE with a maximum of 10 years imprisonment and a minimum