Legal erotic private or BDSM studio

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.

Illegal solicitation of persons other than one's own, i.e. the crime of solicitation under § 189 40/2009 Coll., Criminal Code and children, i.e. according to § 126 OF THE TC persons under 18 years of age.

Authorisation of sexual services

If you provide your own body, you do not need such permission. However, you may wish to hide your prostitution from your neighbours. You then advertise your sexual services as massages or massages with erotic elements. For this, you need a trade as a Massage, Recreation and Regeneration Services ("massage services"). Massage services are already a trade requiring certain qualifications of the person giving the massage. This can be obtained most quickly by taking a two-month retraining course for Sports and Recreational Massage. You can find plenty of these courses on the internet. It is also possible that the course will be paid for by the Job Centre. You can then apply for a trade registration for a fee of 1000 kc at the Trade Licensing Office. Within the fee of 1000,- you can also include other trades e.g. modeling, photography, consulting, etc.

One responsible person with a qualification for massage services is enough for the private accommodation, which guarantees the quality of massages of others who do not have a qualification. Similar to students in a hairdressing salon, for example.

As a sole trader, you pay a higher minimum health insurance premium, plus a pension. Monthly in 2023 it is a total of less than 6000,-. Basically, this is used by people who arrange prostitution - i.e. 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.

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 needs to be taxed or whether it is not covered by the law at all. For example, in view of the prevailing social opinion that the state does not yet 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 authorities. Clients will deny the use of private sexual services. In the case of consensual prostitution, just as in the case of porn films, it is the income that you earn that supports you and with which you contribute to the economy and the welfare of society, voluntarily in the case of consensual prostitution. It should therefore, as in the case of income from pornographic films, be taxed. In the case of involuntary prostitution, such income of a pimp would be confiscated as proceeds of crime and the income of a prostitute as a victim of crime should not be taxed.

If you declare income of e.g. CZK 500,000 per year as a sole trader in the Czech Republic, you will have CZK 200,000 left to tax with the 60% expense lump sum. 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.

Who is the pimp

"Whoever induces, procures, hires, entices or seduces another to engage in prostitution, or whoever 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 the whores, but also all those who mediate voluntary prostitution. It is questionable whether simple telfen operators of privates would fall under the term "profiteering" from prostitution. Probably not. Their remuneration is not the booty, but the payment for their work as operators. Similarly, the security guards in brothels who are just working there, not ripping off sex workers for money. The legislation is very leaky because de lege ferenda (in terms of setting fair law) there is no difference between voluntary prostitution operated independently and that operated under someone else (a pimp). Moreover, under this definition, the pimp would have to be any porn agency or porn producer. And while the terms fall for consensual pimping, porn agencies and porn producers are not penalized. The law is badly set up, but it allows for the punishment of actual sex slavers, who would sometimes have a hard time proving the involuntary prostitution.

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 who facilitates voluntary prostitution is not doing anything socially wrong. But the law still punishes it to deal with another matter - the lack of evidence in involuntary prostitution. The Constitutional Court would probably have to strike down the statutory definition in question. But the classic brothel mama of consensual prostitutes is not a person who would go to the Constitutional Court. As a rule, it 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.

If you have any questions, post them in the comments.

For completeness. Sometimes people ask us if we can arrange any sexual services. we don't do that. We're just a sex shop.

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