Introduction to Japan’s Prostitution Prevention Law
The Prostitution Prevention Law in Japan, established in 1956, was created to curb activities associated with prostitution and maintain public order. Recognizing the impact that such acts can have on personal dignity, societal values, and public morals, this law specifically targets actions that promote or facilitate prostitution. The law defines prostitution and outlines various criminal penalties for acts such as solicitation, mediation, and providing locations for prostitution. By setting clear prohibitions and consequences, the law aims to foster a society where respect and decency are upheld. In this overview, we will delve into the key provisions of the Prostitution Prevention Law, offering insights into its purpose and structure to better understand its role within Japanese society.
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Anti-Prostitution Law
Chapter 1: General Provisions (Article 1 – Article 4)
Chapter 2: Criminal Sanctions (Article 5 – Article 16)
Supplementary Provisions
Chapter 1: General Provisions
(Purpose) Article 1: This law is enacted to prevent prostitution by penalizing acts that promote prostitution, acknowledging that such acts infringe on human dignity, violate sexual morals, and disrupt societal decency.
(Definition) Article 2: “Prostitution” as used in this law refers to engaging in sexual intercourse with unspecified persons in exchange for or in promise of compensation.
(Prohibition of Prostitution) Article 3: No person shall engage in prostitution or become a client of a prostitute.
(Considerations for Application) Article 4: In applying this law, care must be taken not to unjustly infringe on citizens’ rights.
Chapter 2: Criminal Sanctions
(Solicitation, etc.) Article 5: Any person who, with the intent to engage in prostitution, commits any of the following acts shall be subject to imprisonment of up to six months or a fine of up to 20,000 yen:
- Solicits someone to engage in prostitution in a manner visible to the public.
- Stands in the way of or follows someone in a public space to solicit them for prostitution.
- Waits for customers or solicits them for prostitution by means of advertisements or other similar methods in a manner visible to the public.
(Mediation, etc.) Article 6: Any person who mediates prostitution shall be punished by imprisonment for up to two years or a fine of up to 50,000 yen. 2. The same penalties apply to those who, for the purpose of mediation, engage in any of the following: 1. Solicits someone to become a client of a prostitute. 2. Blocks someoneβs path or follows them in public spaces to solicit them for prostitution. 3. Uses advertisements or other similar methods to induce someone to engage in prostitution.
(Prostitution through Deception or Coercion) Article 7: Anyone who deceives or coerces another person into prostitution, or uses influence due to a family relationship to make them engage in prostitution, shall be subject to imprisonment of up to three years or a fine of up to 100,000 yen. 2. Those who threaten or physically harm another person to force them into prostitution shall face imprisonment of up to three years and may also be fined up to 100,000 yen. 3. Attempted offenses under the previous two sections shall also be punishable.
(Receiving Compensation, etc.) Article 8: If an individual commits the offenses outlined in Article 7 and receives, demands, or promises to receive any or all of the proceeds from prostitution, they shall face imprisonment of up to five years and a fine of up to 200,000 yen. 2. Anyone who demands, using influence from a family relationship, that a person engaging in prostitution provide any or all compensation shall be punished by imprisonment for up to three years or a fine of up to 100,000 yen.
(Advance Payments, etc.) Article 9: Any person who, for the purpose of making another engage in prostitution, provides money or other material benefits through advance payments or other methods, shall be punished by imprisonment for up to three years or a fine of up to 100,000 yen.
(Contracts for Prostitution) Article 10: Any person who enters into a contract that involves making another person engage in prostitution shall face imprisonment of up to three years or a fine of up to 100,000 yen. 2. Attempted offenses under the previous section shall also be punishable.
(Providing Places for Prostitution) Article 11: Anyone who knowingly provides a place for prostitution shall face imprisonment for up to three years or a fine of up to 100,000 yen. 2. If someone makes it their business to provide a place for prostitution, they shall face imprisonment of up to seven years and a fine of up to 300,000 yen.
(Businesses Promoting Prostitution) Article 12: Anyone who houses or manages a person at a specified location for the purpose of prostitution as part of their business shall face imprisonment of up to ten years and a fine of up to 300,000 yen.
(Provision of Funds, etc.) Article 13: Any person who knowingly provides funds, land, or buildings required for the business specified in Article 11, paragraph 2, shall face imprisonment for up to five years and a fine of up to 200,000 yen. 2. If the funds, land, or buildings are provided knowingly for the business specified in the previous article, the person shall face imprisonment of up to seven years and a fine of up to 300,000 yen.
(Dual Punishment) Article 14: If a representative, agent, employee, or other worker of a corporation or individual commits any offense stipulated from Articles 9 to the previous article in relation to that corporation’s or individual’s business, both the offending individual and the corporation or individual shall be subject to the penalties prescribed in each of the relevant articles.
(Combined Penalties) Article 15: A person convicted of offenses under Articles 6, 7(1), 8(2), 9, 10, or 11(1) may be subject to both imprisonment and a fine. This also applies to attempted offenses under Article 7(1) as referenced in Article 7(3).
(Special Provision for Suspension of Execution) Article 16: In cases where a sentence of imprisonment is imposed solely for offenses under Article 5, the provisions of Article 25, paragraph 2, proviso, of the Penal Code shall not apply. The same applies when imprisonment is imposed under Article 54, paragraph 1 of the same Code for offenses under Article 5.
Supplementary Provisions
(Effective Date)
- This law shall take effect from April 1, 1957, except that the provisions of Chapter 2 and Supplementary Provisions, paragraph 2, shall take effect from April 1, 1958.
(Repeal of the Imperial Ordinance on Punishment of Persons Inducing Prostitution) 2. The Imperial Ordinance No. 9 of 1947, regarding the punishment of persons inducing prostitution, shall be repealed. 3. Acts in violation of the Imperial Ordinance, stipulated in the previous item, committed before the enforcement of these provisions shall continue to be punishable in accordance with the previous ordinances.
(Relationship with Local Ordinances) 4. Provisions of local government ordinances that punish acts related to prostitution or becoming a client of prostitution shall lose effect upon the enforcement of Chapter 2 of this law. 5. If the ordinances lose effect as per the previous item and the local government has not specified otherwise, violations committed prior to the loss of effect shall still be punishable under the previous ordinances.