(1) object element. The object of this crime is the order of social security management. The crime of luring, sheltering and introducing prostitution has contributed to the proliferation of prostitution and whoring activities, which has serious social harm. The object of this crime is others. Here, others mainly refer to women, but also include men. Others can be a single person or many people, and the number and frequency of introductions do not affect the constitution of this crime. (2) objective factors. Objectively, this crime is manifested as the act of luring, sheltering and introducing others to prostitution. Seduction means that the actor lures, seduces, persuades, encourages, seduces and instigates others to engage in prostitution by taking money, material benefits or non-material benefits as bait or by other means. The material benefits here refer to items with property value other than money, such as gold and silver jewelry, jewelry antiques, home appliances, real estate and so on. Intangible benefits here refer to other benefits besides money and material benefits, such as providing recruitment indicators, arranging urban hukou, changing jobs at higher levels, and giving opportunities to go abroad. Other means here are to point to others to promote a decadent lifestyle, instill decadent ideas such as sexual liberation and prostitution glory, or promise to provide drugs to others, and so on. Whether the actor's seduction behavior is carried out by words, words, actions, pictures or other means has nothing to do with the establishment of this crime. Whether the content promised by the lurer is realized and by whom does not affect the establishment of this crime. Accommodation refers to the act of providing places or other convenient conditions for others to engage in prostitution. The place of offering here refers to the place where the actor arranges others to engage in prostitution or other designated places. For example, the actor's long-term residence, temporary rented house or the residence of relatives and friends who have been defrauded, as well as other places and places. It should be noted that the places here are not limited to houses, but also include cars, ships and other means of transportation. It is a new feature of current crime to provide others with their own or operated means of transportation, especially taxis, for prostitution. This method is more subtle and cunning. Providing other conveniences here refers to providing the perpetrator with articles, appliances and other conditions needed for prostitution of others, such as keeping an eye on prostitution of others. Providing facilities outside the place for others to engage in prostitution is also a manifestation of encouraging others to engage in prostitution and allowing others to engage in prostitution. Therefore, tolerance for this crime cannot be narrowly understood as providing a place for others to engage in prostitution. It does not affect the establishment of this crime whether the perpetrator's shelter behavior is carried out on his own initiative or at the request of prostitutes or clients; It doesn't matter whether the length of stay is profitable or not. Introduction refers to the act of a prostitute connecting with a client to make others engage in prostitution, commonly known as pimping. It is not difficult to see that the introduction behavior has its own qualitative provisions. It is different from temptation and tolerance. In practice, the introduction methods are mostly two-way, such as introducing the client to the client, or bringing the client to the client's residence for face-to-face matchmaking, but it does not rule out one-way introduction, such as simply providing information to the client, and the client will hook up with himself. The crime of luring, sheltering and introducing prostitution is a selective crime. Seduce, shelter and introduce others to prostitution, whether at the same time or only one of them, all constitute this crime. For example, those who introduce others to prostitution are convicted of introducing prostitution, and those who have three acts of luring, sheltering and introducing others to prostitution are convicted of luring, sheltering and introducing prostitution, and cannot be punished for several crimes. (3) Main elements. The subject of this crime is the general subject, that is, any natural person who has reached the age of criminal responsibility and has criminal responsibility ability to seduce, shelter or introduce others to prostitution can constitute this crime. (4) Subjective factors. Subjectively, this crime is intentional. Negligence does not constitute this crime. That is, the actor knows that he is an act of luring, sheltering and introducing others to prostitution, knowing that this kind of behavior will cause harmful results to society, and hopes or pursues this result. The perpetrator who lures, shelters or introduces others to prostitution generally aims at making profits, but it does not rule out the existence of non-profit purpose. Whether there is a profit purpose does not affect the constitution of this crime.
legal ground
Criminal law of the people's Republic of China
Article 359 Whoever lures, shelters or introduces others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.
Whoever lures a young girl under the age of 14 into prostitution shall be sentenced to fixed-term imprisonment of not less than five years and fined.