Unlike prostitution itself, which is legal in France, procuring is a criminal offence provided for and punishable under Articles 225-5 et seq. of the French Criminal Code.

Where there are no aggravating circumstances, perpetrators are liable to 7 years’ imprisonment, a fine of €150,000 and additional penalties.

1. Acts that may constitute procuring

Procuring consists, by any person and by any means, of:

• assisting, facilitating or protecting the prostitution of another person;
• profiting from the prostitution of another person, sharing in the proceeds thereof, or receiving financial support from a person who habitually engages in prostitution; - recruiting, inducing or enticing a person into prostitution, or exerting pressure on a person to engage or continue to engage in prostitution.
• recruiting, inducing or enticing a person into prostitution, or exerting pressure on a person to engage or continue to engage in prostitution.

The following acts are also treated as procuring:

• acting as an intermediary between a person engaged in prostitution and a procurer;
• facilitating a procurer’s false justification of resources;
• being unable to justify resources corresponding to one’s lifestyle while living with a person who habitually engages in prostitution, or while maintaining habitual relations with one or more persons engaged in prostitution;
• obstructing prevention, supervision, assistance or rehabilitation measures undertaken by authorised organisations in relation to persons at risk of engaging in prostitution or persons engaged in prostitution.

The following acts are also criminalised as indirect procuring:

• owning, managing, operating, directing, running, financing or contributing to the financing of an establishment used for prostitution;
• knowingly and habitually allowing or tolerating one or more persons to engage in prostitution within one’s establishment (hotel, restaurant, etc.) or to solicit clients there for the purpose of prostitution;
• selling or making premises or locations available to one or more persons while knowing that they will engage in prostitution there;
• selling, renting or making vehicles available to one or more persons while knowing that they will engage in prostitution in them.

It should be noted that the penalties for indirect procuring are increased to 10 years’ imprisonment and a fine of €750,000.

2. The intentional element of the offence of procuring

Procuring is an intentional offence, meaning that the perpetrator must knowingly intend to carry out the acts concerned.

The perpetrator’s motive is irrelevant, as is whether they acted for personal gain or without any financial interest.

Aggravating Circumstances

Procuring is punishable by 10 years’ imprisonment and a fine of €1,500,000 where it is committed:

• against a minor aged between 16 and 18;
• against a vulnerable person;
• against several persons;
• against a person who was induced to engage in prostitution either outside the territory of the French Republic or upon their arrival in France;
• by a legitimate, natural or adoptive ascendant of the person engaged in prostitution, or by a person who exercises authority over them or abuses the authority conferred upon them by their position;
• by a person whose duties involve participating in the fight against prostitution, protecting public health or maintaining public order;
• by a person carrying a weapon;
• through the use of coercion, violence or fraudulent practices;
• by several persons acting as perpetrators or accomplices without constituting an organised criminal group;
• through the use of an electronic communications network to disseminate messages to an unspecified audience.

The penalties are increased to 20 years’ imprisonment and a fine of €3,000,000 where procuring is committed:

• against a minor under the age of 15;
• as part of an organised criminal group.

Where procuring is committed through the use of torture or acts of barbarity, it is punishable by life imprisonment and a fine of €4,500,000.

Reporting Procuring Offences

Any person who has attempted to commit an offence of procuring is exempt from punishment if they notify the authorities and thereby prevent the offence from being committed and enable any other perpetrators or accomplices to be identified.

Similarly, the applicable custodial sentences are reduced by half if the person notifies the authorities and thereby enables the offence to be brought to an end or prevents it from causing serious consequences, and enables any other perpetrators or accomplices to be identified.

Procuring Committed Abroad

Where procuring is committed (i) against a minor, as part of an organised criminal group, or through the use of torture or acts of barbarity, and (ii) abroad by a French national or by a person habitually residing in France, French law applies, even if:

• the acts are not punishable under the law of the country in which they were committed;
• the victim has not filed a complaint or the foreign country has not officially reported the offence.

Your Criminal Defense with Maître Lois Pamela LESOT

Are you a victim or accused in a procuring case?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and represents both victims and persons accused in procuring cases, as well as in relation to all types of criminal offences, including rape or domestic violence.

If you wish to file a criminal complaint regarding procuring, you can consult this article.
If you are accused of procuring, you can prepare for police custody by consulting this article and for a voluntary interview by consulting this article.

Article date: 28 May 2023 | By Lois Pamela LESOT