ProstSchG – Prostitution Act 2017 – Section 6 – Prohibitions; Administrative offenses

§ 32 – Conditole; advertising ban

(1) Customers of prostitutes and prostitutes must ensure that condoms are used during intercourse.

(2) The operator of a prostitution business is obliged to draw attention to the condi- tion requirement in prostitution centers, in other rooms regularly used for prostitution and in prostitution vehicles by a clearly visible notice.

(3) It is forbidden to offer, announce or advertise any sexual services, or to make known any declarations of such content, by distributing fonts, phonograms or phonograms, data stores, images or images

1. having regard to the opportunity to have sexual intercourse without a condom, even if the indication is in indirect or verbalized form,

2. in a manner which, according to the nature of the presentation, the content or scope or type of medium and its distribution, is capable of concretely impairing the public good requiring protection, in particular the protection of minors, or

3. having regard to the opportunity to have sex with pregnant women, even if the reference is made in indirect or verbalized form.

Dissemination is the same as public exhibiting, posting, demonstrating or making other public access available.
Section 33 – Fines Rules

(1) Offenders act who

1. contrary to § 3 (1), does not, not correctly, not completely or in good time register an activity named there,

2. violates an enforceable order under § 11 (1), (2) or (3) or

3. contrary to § 32 (1) as a customer or customer does not ensure that a condom is used.

(2) Offenders acted willfully or negligently

1. operates a prostitution business without permission pursuant to § 12 (1) sentence 1 or § 13 (1),

2. violates an executable condition pursuant to § 17 (1) or (2),

3. violates an executable order according to § 17 paragraph 3, § 20 paragraph 3 sentence 2, paragraph 4 sentence 1 or paragraph 5, § 21 paragraph 3 sentence 2, paragraph 4 sentence 1 or paragraph 5 or § 25 paragraph 3 sentence 1,

4. contrary to § 18 (5) does not ensure that a requirement referred to in § 18 (2) is complied with,

5. contrary to § 19 (6) does not ensure that a requirement referred to in § 19 (2) to (4) is complied with,

6. contrary to § 20 (1) sentence 1 or § 21 (1) sentence 1, does not display, incorrect, incomplete or timely reimbursement,

7. contrary to § 25 (1), allows a person named there to act in his prostitution business,

8. contrary to a) § 27 (1) or b) § 32 (2) does not give a notice, does not give it correctly, does not complete it or does not give it in time,

9. contrary to § 27 (2), fails to submit a document referred to therein or fails to do so in due time,

10. contrary to § 28 (1) or (2) sentence 1, also in connection with sentence 2, does not produce a record, not correctly, not completely or not in time,

11. contrary to § 28 (4) sentence 1 does not submit a record or does not submit it in time,

12. contrary to section 28 (4) sentence 2, paragraph 6 or paragraph 7, does not keep a record, not correctly or not kept for at least two years,

13. contrary to § 30 (1), does not provide information, is incorrect, incomplete or timely

14. contrary to section 32 (3) sentence 1, also in conjunction with sentence 2, offers, announces or prizes a sexual service or announces a declaration therein.

(3) In the cases referred to in paragraph 1 (3), the administrative offense may imply a fine of up to fifty thousand euros, in the cases referred to in paragraphs 2 (1) to 5, 7, 8 (b) and 14, a fine of up to EUR the cases referred to in paragraph 2 (8) (a) and (9) to (12) shall be punished by a fine of up to five thousand euro and in other cases by a fine of up to one thousand euro.
§ 33a – confiscation

Objects to which an administrative offense under Section 33 (2) (14) relates may be confiscated. Section 123 (2) of the Law on Administrative Offenses applies mutatis mutandis.