Legality of prostitution in North America

  Prostitution legal and regulated
  Prostitution (the exchange of sex for money) legal; prostitution is not regulated
  Prostitution illegal (except in some rural counties of the US state of Nevada)
  No data

Legality of prostitution in North America varies by country. Most countries only legalized prostitution, with the act of exchanging money for sexual services legal. The level of enforcement varies by country. One country, the United States, is unique as legality of prostitution is not the responsibility of the federal government, but rather state, territorial, and federal district's responsibility.

Table

Country/Territory Prostitution Legal Age for solicitation Brothels Pimping Notes
 Bahamas Illegal Not allowed Illegal Illegal
 Barbados Illegal Not allowed Illegal Illegal
 Belize Legal 18 Illegal Illegal
 Canada Legal to sell sex, but illegal to buy sex 18 Illegal Illegal A law that was passed on December 6, 2014 made buying sex illegal.
 Costa Rica Legal 18 Legal Illegal Costa Rica has become a popular place for adult and child sex tourism.
 Cuba Legal 18 Illegal Illegal
 Dominican Republic Legal 18 Illegal Illegal Child Sex tourism is a big problem in the Dominican Republic. Most of foreign prostitutes are children trafficked from Haiti.
 El Salvador Legal 18 Legal Illegal
 Greenland Illegal Not allowed Illegal Illegal Child Prostitution is a major problem
 Guadeloupe Legal 18 Illegal Illegal
 Guatemala Legal 18 Illegal Illegal
 Haiti Illegal, but common in practice Not allowed Illegal Illegal Child prostitution is a major problem, due to rampid poverty and corruption. Most child prostitutes are trafficked into the Dominican Republic. Trafficking someone isn't specifically prohibited by law.
 Honduras Legal Legal Illegal Illegal Child prostitution remains a major problem.
 Jamaica Illegal, but tolerated Not allowed Illegal Illegal
 Martinique Legal 18 Illegal Illegal
 Mexico Legal 18 Illegal Illegal Child prostitution and human trafficking remains a major problem due to police corruption. Most foreign prostitutes are trafficked from Central America and most Mexican prostitutes(mostly female children) are trafficked into the United States.
 Nicaragua Legal 18 Illegal Illegal Child Prostitution remains a major problem.
 Panama Legal 18 Legal Illegal Child prostitution remains a major problem
 Puerto Rico Illegal Not allowed Illegal Illegal Prostitution is a major problem, with many being trafficked from the Dominican Republic. The Puerto Rican government is looking into legalizing prostitution.
 Saint Pierre and Miquelon Legal 18 Illegal Illegal
 Trinidad and Tobago Illegal Not allowed Illegal Illegal
 United States No federal law; Illegal everywhere, except in 12 counties in Nevada No federal law;Not allowed everywhere, except in 12 counties in Nevada. Age varies by county, 18 or 21 No federal law; Illegal everywhere except in, 12 counties in Nevada No federal law;Illegal everywhere The U.S. constitution forbids the US federal government to pass any law on prostitution. States, territories, and the Federal District are allowed to pass laws governing prostitution. Despite that, nearly all but one jurisdiction prohibits prostitution, the State of Nevada. Prostitution is believed to be a major problem, with many prostitutes being trafficked into the United States from the Philippines, South Korea, China, Mexico, Central America, Haiti, and Dominican Republic.
 United States Virgin Islands Illegal Not allowed Illegal Illegal

Canada

Prostitution was traditionally legal as there were no laws prohibiting the exchange of sex for money or other consideration. On 20 December 2013, the Supreme Court of Canada found the laws prohibiting brothels, public communication for the purpose of prostitution, and living on the profits of prostitution to be unconstitutional. The ruling gave the Canadian parliament 12 months to rewrite the prostitution laws with a stay of effect so that the current laws remain in force.[1] Amending legislation came into effect on 6 December 2014, which made the purchase of sexual services illegal, along the line of the Swedish Model.[2]

United States

Prostitution laws in the United States are determined at the state level. The practice is illegal in all but one of its 50 states and is illegal in all US Territories.

Nevada is the only U.S. Jurisdiction which allows some legal prostitution in some of its counties. Currently 8 out of Nevada's 16 counties have active brothels. Prostitution outside these brothels is illegal throughout the state; prostitution is illegal in the major metropolitan areas (Las Vegas, Reno, and Carson City). Prostitution is heavily regulated by the state of Nevada. See Prostitution in Nevada.

Mexico

Prostitution has been regulated since 1885.[3] Today it is decriminalized under governmental supervision, but the laws vary by state. 13 of the 31 states of Mexico regulate prostitution.[4] Prostitution involving minors under 18 is illegal, but such activities are common.[5] Some Mexican cities have enacted tolerance zones (zonas de tolerancia) which allow regulated prostitution and function as red light districts. In most parts of the country, pimping is illegal, although pimp-worker relationships still occur, sometimes under female pimps called madrotas.[6] The government provides shelter for former prostitutes.[7]

Central America

Belize

Prostitution is legal in Belize, but associated activities such as operating a brothel, loitering for the purposes of prostitution and soliciting sex are illegal.[8][9][10][11]

Costa Rica

Prostitution is not illegal but many of the activities surrounding it are illegal,[12] as the law forbids promoting or facilitating the prostitution of another, and therefore pimping, brothels, or prostitution rings are illegal.[13][14][15] Prostitution is common and is practiced openly throughout the country, particularly in popular tourism destinations.[16][17][18][19] Websites list detailed locations and hotels that allow prostitutes. These online fraternities provide forums for sex tourists to compare experiences and act as a guide for future sex tourists.

El Salvador

Prostitution itself is legal but not inducing, facilitating, promoting or giving incentives to a person to work as a prostitute (operating brothels or prostitution rings). The prostitution of children (those under 18) is also illegal. Prostitution is common in San Salvador.[20]

Guatemala

Prostitution itself is legal but procuring is prohibited (brothels or prostitution rings are illegal).[15]

Honduras

Prostition itself is legal but not facilitating and promoting the prostitution of another (brothels and prostitution rings).[21] Honduras, like many Latin American countries, has to deal with child sex tourism. [22]

Nicaragua

Prostitution itself is legal, but it is heavily discouraged by the law (brothels and other forms of procurement are illegal).[23]

Panama

Prostitution is legal and regulated. Prostitutes are required to register and carry identification cards.[24]

Caribbean

Cuba

Main article: Jineterismo

Jineterismo is a category of illegal or semi-legal economic activities related to tourism in Cuba.

Dominican Republic

Prostitution is legal, but a third party may not derive financial gain from prostitution (brothels or similar establishments are illegal).[15] However, the government usually does not enforce prostitution laws.[25][26]

Dutch Caribbean

There are legal brothels in Bonaire, Sint Maarten, and Curacao, the largest of which is Le Mirage.[27]

Haiti

Main article: Prostitution in Haiti

Prostitution is illegal,[28][29] but the country used to be a premier destination in the 1970s for sex tourism for adults. Since the 1940s, prostitution rings made up of Dominican women have circulated about the capital and today, are found in the suburb of Pétionville. A premium is placed on Dominican women due to their lighter skin and mixed race appearance.[30]

Jamaica

Puerto Rico

Prostitution in Puerto Rico has always been seen as taboo and illegal. However, due to the declining economy, the Puerto Rican government considered legalizing prostitution in 2014.[31][32]

Trinidad and Tobago

U.S. Virgin Islands

References

  1. "Canada Supreme Court strikes down prostitution laws". BBC News. 2013-12-20.
  2. Controversial prostitution law introduced on day of action on violence against women
  3. Mark Overmyer-Velázquez, Visions of the Emerald City: Modernity, Tradition, and the Formation of Porfirian Oaxaca, Mexico (Durham and London: Duke University Press, 2006), 9-10.
  4. Weitzer, Ronald. 2013. Legalizing Prostitution: From Illicit Vice to Lawful Business. (Excerpt)
  5. "Boy and Girls Sexual Exploitation in Mexico" (PDF). 2009-10-20.
  6. Patty Kelly, Lydia’s Open Door: Inside Mexico’s Most Modern Brothel (Berkeley: University of California Press, 2008), 126.
  7. "Elderly ex-prostitutes". Reuters. 2007-10-26.
  8. 2008 Human Rights Reports: Belize - US Department of State
  9. "Belize News - Belize Leading Newspaper | Breaking News - Amandala Online". Amandala.com.bz. Retrieved 2012-05-26.
  10. "Special Envoy for Women and Children focus on sex predators | Channel5Belize.com". Edition.channel5belize.com. 2011-10-05. Retrieved 2012-05-26.
  11. "Special Envoy Lobbying for Harsher Laws on Sex Crimes against Children - The Guardian Newspaper". Guardian.bz. 2011-10-06. Retrieved 2012-05-26.
  12. Asamblea Legislativa de la República de Costa Rica. "Código Penal, Ley No. 4573 de 1970 y reformas hasta 26 de febrero de 2002" (PDF) (in Spanish). Retrieved 2007-03-17.see SECCIÓN III: Corrupción, proxenetismo, rufianería (Articles 167 to 172).
  13. "Promoción de la prostitución: Unos 130 sitios de internet promueven el turismo sexual de Costa Rica" (in Spanish). LaFlecha.net. 2004-12-07. Retrieved 2007-03-17. ...prostitution is not penalized in the country, but a third-party soliciting clients for a prostitute (proxenetismo) is committing a crime(free translation from Spanish)
  14. "Country Reports on Human Rights Practices: Costa Rica". U.S. State Department. Retrieved 2007-09-28. ...There are no specific laws against sex tourism, which was growing
  15. 1 2 3 "2008 Human Rights Report: Costa Rica". Bureau of Democracy, Human Rights, and Labor. U.S. Department of State. 2009-02-25. Retrieved 7 May 2009.
  16. "Unos 130 sitios de internet promueven turismo sexual Costa Rica" (in Spanish). La Nación. 2004-12-05. Retrieved 2007-03-16.
  17. Otto Vargas (2004-12-04). "Agencias ofrecen en el exterior damas para vacaciones eróticas en Costa Rica" (in Spanish). La Nación. Retrieved 2007-03-16.
  18. Ángela Ávalos (2008-06-22). "Cien personas escapan de redes de tráfico de almas en Jacó" (in Spanish). La Nación. Retrieved 2008-06-22.
  19. "Costa Rica Draws Sex Trade". The Miami Herald. 2009-10-13. Retrieved 2011-10-29.
  20. "Country Reports on Human Rights Practices; El Salvador". U.S. Department of State. Retrieved 2008-02-13.
  21. "2008 Human Rights Report: Honduras". State.gov. 2009-01-01. Retrieved 2011-10-15.
  22. "Honduras". State.gov. 2007-03-06. Retrieved 2011-10-15.
  23. 2008 Human Rights Report: Nicaragua. State.gov. Retrieved on 2011-03-30.
  24. "Is this the time or place to publish the profane?". thepanamanews.com. Retrieved 2013-12-09.
  25. "2009 Human Rights Report: Dominican Republic". State.gov. 2010-03-11. Retrieved 2013-10-12.
  26. Julia Scheeres. "The Web, Where 'Pimps' Roam Free". Wired.com. Retrieved 2013-10-12.
  27. http://gocaribbean.about.com/od/healthandsafety/a/Caribbeansex_2.htm
  28. "Haiti". State.gov. 2006-03-08. Retrieved 2011-10-01.
  29. "HIV/AIDS: Latin America & Caribbean" (PDF). Sciencemag.org. Retrieved 2013-08-16.
  30. "Dominican Prostitutes In Haiti: Prized For Their Light Skin, Patronized By Peacekeepers".
  31. "Puerto Rico to legalize marijuana and prostitution". hightimes.com. Apr 23, 2014. Retrieved December 11, 2014.
  32. "Prostitution Proponents in Puerto Rico". gardianlv.com. Apr 27, 2014. Retrieved December 11, 2014.
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