SEX TRAFFICKING IN THE AMERICASeBook

 
SEX TRAFFICKING IN THE AMERICAS
 
 
 
 
 




A handful of other differences in the scope of these provisions prohibiting...

 



A handful of other differences in the scope of these provisions prohibiting procurement are significant enough to be highlighted. For example, Panama and Guatemala limit the definition of procuring to apply only to those individuals who promote or facilitate prostitution for profit or to satisfy the desires of others.


The Dominican Republic, on the other hand, expands the basic definition of pandering to include individuals who "by threats, pressure, or any other means disturb the prevention, assistance and re education activities of those qualified organizations working with males and females engaged in or at risk of engaging in prostitution". Finally, Honduras includes in the scope of its procuring law the individual who "prevents or impedes another person from abandoning prostitution".


Pandering


Living off the profits of a person engaged in prostitution is another crime under which traffickers can be prosecuted. The crime of pandering is nearly identical in the countries that have this crime, which includes all countries in the region except for El Salvador and Honduras.


To be guilty of pandering, it is not necessary that an individual makes his or her entire living off of others prostitution; rather, the provisions in this region explicitly provide that maintaining oneself even if only in part off of a person engaging in prostitution is sufficient. The Dominican Republic, while it does not have a specific provision on pandering, does include in its definition the broad phrase "whoever receives benefits from the exercise of prostitution". Arguably, this phrase could include pandering activities.


Table 11. Criminal Penalties for Procuring and Pandering

Country Penalty for Basic Procurement Offense Penalty for Procurement Aggravating Factors Present Penalty for Pimping Attempt Punishable Same Penalty
Belize 5 years N/A 1st Conviction: Fine up to BZ $100 or up to 6 months Subsequent conviction: up to 1 year -
Costa Rica 2-5 years 4-10 years; 2-8 years 3-9 years where victim is 12 to 18/4-10 years where victim is under 12 -
Dominican Republic 6 months-3 years and fine of 50,000-500,000 pesos 2-10 years and fine of 100,000-1,000,000 pesos N/A -
El Salvador 2-4 years 2-4 years and fine of 50-100 days pay N/A -
Guatemala Fine of 2,500-10,000 quetzals Penalty increased by one-third Fine of 2,500-15,000 quetzals -
Honduras 5-8 years and fine of 50,000-100,000 lempiras Penalty increased by half N/A -
Nicaragua 3-6 years 10 years 2-4 years -
Panama 2-4 years 3-5 years 2-4 years -




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