Don’t engage in prostitution: the default penalty is 10–15 days in detention, not just a fine

23. Don’t engage in prostitution: the default penalty is 10–15 days in detention, not just a fine

Cost: There is no cost and no time required. All you need to do is simply refrain from it.

In plain terms: Getting caught doesn’t just result in a minor fine. Statutory law stipulates that the default penalty is 10–15 days of administrative detention, plus a possible fine of up to 5,000 yuan. Only in cases where circumstances are relatively minor might the penalty be limited to 5 days of detention or a fine of up to 1,000 yuan. Additionally, knowingly engaging in prostitution while infected with syphilis or gonorrhea constitutes a criminal offense, punishable by up to five years in prison.

Benefit: Article 78 of the Law on Administrative Penalties for Public Security stipulates that individuals convicted of prostitution or soliciting prostitutes face 10–15 days of administrative detention, with a possible fine of up to 5,000 yuan. For less serious cases, the penalty may be 5 days of detention or a fine of up to 1,000 yuan. Those who solicit customers in public spaces also face similar penalties. Article 79 states that anyone who lures, shelters, or arranges prostitution is subject to 10–15 days of detention and a fine of up to 5,000 yuan; less serious cases incur 5 days of detention and a fine ranging from 1,000 to 2,000 yuan. Article 87 provides that employees of hotels, restaurants, entertainment venues, or taxi services who aid or facilitate prostitution activities face 10–15 days of detention. Article 360 of the Criminal Law criminalizes knowingly spreading sexually transmitted diseases such as syphilis or gonorrhea through prostitution; offenders may be sentenced to up to five years in prison and fined. (National application; Law on Administrative Penalties for Public Security effective 1 January 2026.)

Evidence grade: A

Sources: Standing Committee of the National People's Congress (2025). Public Security Administration Punishment Law (Revised in 2025, Articles 78, 79, and 87). <https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml>; Standing Committee of the National People's Congress. Criminal Law of the People's Republic of China (Integrated text as amended by the Eleventh Amendment to the Criminal Law) Article 360. <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html> (Reprinted by the Beijing Municipal Public Security and Transportation Bureau); National People’s Congress Standing Committee (2015). Criminal Law Amendment (9) (Article 43, delete the second paragraph of Article 360 of the Criminal Law). <https://www.spp.gov.cn/spp/fl/201802/t20180205_364562.shtml>

Notes: This detention is administrative in nature, meaning offenders are held in a detention center rather than merely paying a fine. Those who arrange or provide venues for prostitution face identical penalties under Article 79. Employees of hotels or entertainment venues who assist clients in evading law enforcement are also subject to 10–15 days of detention under Article 87. Previously, Article 360 included a provision criminalizing statutory rape of minors; this was removed via the 2015 Ninth Amendment to the Criminal Law, meaning such acts are now prosecuted as rape. Any services advertised as “on‑site wellness” or “massage” are still treated as prostitution based on actual conduct. Health risks related to sexually transmitted infections and HIV are addressed separately in Section 1, Item 30 (consistent condom use) and Section 13, Item 38 (post‑exposure prophylaxis within 72 hours). Precautions specific to entertainment venues are outlined in Section 22.