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How to legally provide sexual services.

The provision of one's own body or mind for sexual services voluntarily, by a person over 18 years of age, is not regulated (prohibited) by law. Such sexual services may be advertised without restriction in places accessible to persons over 18 years of age. Special servers and printed matter for the offer of sexual services. But with decent visualization, other media or means of advertising that do not offend public opinion or the advertising rules of the medium in question cannot be excluded.

Illegally soliciting other persons for sex is a criminal offence of pimping. A more serious offence applies in the case of soliciting children (usually under 18 in the EU).

Authorisation of sexual services

If you provide sexual services with your own body, you do not need such a permit. In a few EU countries, prostitution is a registered profession (Belgium, the Netherlands). However, you may be interested in hiding your prostitution, for example from your neighbors. You then advertise your sexual services as massages or massages with erotic elements. For this, you need the trade of Massage, reconditioning and regeneration services (hereinafter referred to as “massage services”). Massage services are already a trade requiring a certain qualification of the person providing the massage. This can be obtained most quickly by taking a two-month retraining course for Sports and reconditioning massage.

On the Internet a lot of relatively inexpensive courses with a certificate to practice as a massage therapist. It is also possible that the course will be paid for by the employment office. You can then apply for a trade registration for a small administrative fee (1000 CZK in the Czech Republic) at the trade licensing office. Other trades can be included in one fee, e.g. modeling, photography, consulting, etc. As a sole trader, you pay a minimum health and pension insurance at the beginning and from a certain income threshold according to a percentage of the statutory assessment.

A private establishment only needs one responsible person with a qualification for massage services, who guarantees the quality of massages for others who are not qualified. Similar to, for example, students in hairdressing. Basically, this is used by people who mediate prostitution - that is, pimps.

Authorised place of sexual services

Sexual services may be performed anywhere in the Czech Republic where they do not cause public outrage (misdemeanor disorderly conduct) and are not prohibited by municipal ordinance. In principle, this will include privates, salons, homes, offices, hotels and other enclosed spaces or secluded outdoor areas.

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Taxation of sexual services

It is not entirely clear what place income from private sexual services has in the light of the Income Tax Act. Whether it is undefined income that must be taxed or whether the law does not apply to this income at all. For example, with regard to the currently prevailing social opinion that the state does not wish to be a “public pimp” and therefore turns a blind eye to private prostitution. Such income would also be difficult to prove to the tax office. Clients will deny using private sexual services. In the case of voluntary prostitution, it is the same as in the case of pornographic films, the income that supports you and with which you voluntarily contribute to the economy and well-being of society. It should therefore be taxed, just like in the case of income from pornographic films. In the case of involuntary prostitution, such income from the pimp would be confiscated as proceeds from crime, and the income of the prostitute as a victim of crime should not be taxed.

If in the Czech Republic in 2025 you declare an income of e.g. CZK 500,000 per year as a sole trader, with the 60% cost lump sum you will have CZK 200,000 left to tax. This, after deducting the tax-free basis (tax credit per taxpayer of approx. 70,000,-) will mean a resulting tax of 0,-. The tax of 15% is only payable on profits above approx. 230 000,- per year. However, the minimum health and social insurance will come out to 8,000 crowns per month in 2025.

Who is the pimp

“Whoever induces, procures, hires, entices or seduces another to engage in prostitution, or who profits from prostitution engaged in by another…”

Pimps sometimes disguise themselves as massage parlour operators or landlords. If prostitutes testify that they broker clients, this disguise will not help much in criminal proceedings.

This includes not only slave traders or pimps who force their victims into prostitution or take money from prostitutes, but also anyone who mediates voluntary prostitution. The question is whether ordinary telephone operators in private houses would fall under the concept of “extorting” from prostitution. Probably not. Their reward is not the loot, but payment for the operator's work. The same applies to security guards in brothels who just work there, not who extort money from sex workers.

The legislation is very leaky because de lege ferenda (in terms of setting fair law) there is no difference between voluntary prostitution carried out alone and voluntary prostitution carried out under someone else (a pimp). Under the current legal definition, a pimp is any porn agency or porn producer. And while the terms fall for voluntary pimping, porn agencies and porn producers are not penalized. The law is poorly set up, but it makes it easier to prosecute actual sex slavers in the absence of evidence.

Legal defence of a pimp of consensual prostitutes

In no way do I want to defend slave owners who force others into prostitution. That is quite wrong. The clients of our sex shop are also brothel moms who are helped by other women as pimps. Their prostitutes are happy for the work and money and do it completely voluntarily, just like porn actors or most prostitutes in the Czech Republic who do not work for themselves. They are simply sex workers. Not everyone who is on alcohol and drugs, for example, can secure a private place and clients. Some are not excited about the work, but who as an employee is excited about any work? It's just an outlet for them that they might not have had without outside help.

In principle, it can be summarized that a person mediating voluntary prostitution is not doing anything socially wrong. But the law still punishes it in order to solve another issue – the lack of evidence in involuntary prostitution. The Constitutional Court would probably have to throw out the given legal definition. But the classic brothel mama of voluntary prostitutes is not a person who would turn to the Constitutional Court. As a rule, she is a woman who would otherwise barely make a living.

So a pimp of willing prostitutes should be good with his whores. Prostitutes should testify in criminal proceedings that they only give massages and talk. Then there will be no evidence of prostitution as an intermediary. Punishment for pimping of willing prostitutes could also be defended by arguing minimal social danger. It doesn't make sense to punish for helping another person to do something they want to do voluntarily (unless it harms others, which is true in the case of prostitution). Moreover, there is no difference between a porn agency or a porn producer and a brothel mom of willing prostitutes. On the other hand, forced prostitutes should testify to help break up and punish the gangs of slave pimps.

Questions write them in the comments.

JUDr. Ing. Vladimír Koranda, Ph.D., editor of Redpipi.com

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