Information - Prostituierte; Anmeldung der Tätigkeit - Dienstleistungsportal Bayern

Description

Registration of the activity as a prostitute or prostitute must be made prior to the commencement of the activity and in person at the authority in whose jurisdiction you wish to carry out your activity primarily.

Prostitutes are persons who provide sexual services. A sexual service is a sexual act performed by at least one person on or in front of at least one other person who is immediately present for compensation, or allowing a sexual act to be performed on or in front of one's own person for compensation. Sexual services do not include performances of an exclusively performing nature in which no other of the persons present is actively involved sexually.

When registering, you will receive important information about and counseling on the activity as a prostitute or as a prostitute in an information and counseling interview.

The information and counseling interview must include at least:

1. Basic information on the legal situation under the Prostitute Protection Act, under the Prostitution Act, and on other regulations relevant to the practice of prostitution that apply to the practice of prostitution in the territorial jurisdiction of the authority,
2. Basic information on insurance in case of illness and social security in case of employment,
3. Information on health and social counseling services, including counseling services on pregnancy,
4. information on the accessibility of help in emergency situations, and
5. Information on the existing tax liability of the activity taken up and the obligations to be fulfilled in this connection under sales and income tax law.

You will receive a certificate of registration (registration certificate). The registration certificate is valid for two years for persons 21 years of age and older who are required to register, and for one year for persons under 21 years of age who are required to register. It can be renewed after its validity expires.

You can also have an alias certificate issued. Instead of your first and last name, this contains an alias of your own choice, i.e. a name you have chosen to use in your work.

The original certificate of registration must be carried at all times when performing your activities. You may not operate as a prostitute or prostitute without a registration certificate. If you engage in prostitution without a registration certificate or with an invalid registration certificate, you are committing an administrative offense. This can be punished with a fine of up to 1,000 euros.

Prerequisites

The obligation to register exists regardless of whether the activity is carried out on a self-employed basis or as part of an employment relationship.

The registration certificate may not be issued if

1. the required information and evidence are not available, in particular the evidence of the health consultation that has taken place,
2. the person is under 18 years of age
3. the person is an expectant mother in the last six weeks before childbirth at the time of registration,
4. the person is under 21 years of age and there are indications that he or she is being or will be induced by third parties to engage in or continue prostitution, or
5. if there are indications that the person is being or is intended to be induced into prostitution by third parties by exploiting a situation of coercion, their helplessness associated with their stay in a foreign country, or their personal or economic dependence, or that this person is being or is intended to be exploited by third parties.

Procedure

The registration must be made in person at the authority in whose area of responsibility you primarily wish to carry out your activity.

The personal registration and the information and counseling interview should be conducted in a confidential setting.

During the counseling interview, the competent authority shall provide the prostitute with information on the practice of prostitution in an appropriate form. The information shall be written in a language that the prostitute understands.

As proof that registration has taken place, the competent authority shall issue a registration certificate to the person required to register.

Deadlines

You must register your activity before starting it.

Processing time

Pursuant to Section 5 (1) of the Prostitution Protection Act (ProstSchG), the competent authority shall issue a certificate of registration within five working days to the person required to register as proof that registration has taken place.

Required documents

• Identity card, passport, substitute passport or substitute identity card
• two photographs

  (recent photographs without border, 45 mm high and 35 mm wide)

• Evidence of health counselling provided
• where applicable, proof that you are entitled to pursue an activity as an employed or self-employed person

  (only foreign nationals who are not entitled to freedom of movement)

Fees

• • 35 euros for the issuance of a certificate of registration
  • 35 Euro for the issuance of an alias certificate

Legal bases

• § 3 Abs. 1 Gesetz zum Schutz von in der Prostitution tätigen Personen (Prostituiertenschutzgesetz - ProstSchG)
• § 5 Abs. 1 und 6 Gesetz zum Schutz von in der Prostitution tätigen Personen (Prostituiertenschutzgesetz - ProstSchG)

Remedy

administrative claim

Links to more information

• Prostituiertenschutzgesetz

  Die Internetseite des Bayerischen Staatsministeriums für Familie, Arbeit und Soziales enthält neben grundsätzlichen Informationen zum ProstSchG auch eine Übersicht über die in Bayern für die Anmeldung zuständigen Stellen.

Related issues

• Prostitutes; perception of a health consultation