Is it true that soliciting sex carries a fine of 300?

Many people have the impression that soliciting sex incurs a fine of 5000 yuan, but today we have a case of a 300 yuan fine: After investigation, the violator Wu was found to disregard the law and take chances by providing a venue for others to engage in prostitution; the male and female involved in the case were fined for illegal profits and indulgence in desires, which violated public security management regulations. Currently, the public security authorities have legally imposed an administrative penalty of 300 yuan on the two individuals engaging in prostitution, and Wu has been administratively detained for 5 days for providing a venue for prostitution. A fine of 300 yuan for soliciting sex has shocked netizens: Netizen 1: "This is really kind-hearted; parking violations are already 200."

Netizen 2: "I really have 300 to rely on, and I can seal the record even more." Netizen 3: "Only fined 300? Isn’t this just indirectly encouraging crime?" Netizen 4: "Isn't 300 still more expensive than the ticket price?" This operation is vastly different from the common belief that soliciting sex incurs a fine of 5000. To clarify doubts, we must refer to the regulations. Article 66 of the Public Security Administrative Punishment Law states: "Those who engage in prostitution shall be detained for not less than ten days and not more than fifteen days, and may also be fined up to 5000 yuan; those with lighter circumstances may be detained for less than five days or fined less than 500 yuan. Those who solicit in public places shall be detained for less than five days or fined less than 500 yuan."

It can be seen that a fine of 5000 yuan does indeed exist; this applies to general cases of soliciting sex, which is normalized. For lighter circumstances of soliciting sex, a fine of less than 500 yuan applies. What constitutes lighter circumstances for soliciting sex? The "Guidelines for Discretionary Punishment of Certain Violations of Public Security Administration by Public Security Organs" (abbreviated as "Discretionary Guidelines") stipulates that in law enforcement practice, soliciting sex falls under "lighter circumstances" if any of the following conditions apply: (1) the price has been negotiated or money or other property has been provided, but no sexual act has been performed; (2) prostitution or soliciting through masturbation; (3) other lighter circumstances. The above situations are considered "lighter circumstances," subject to detention for less than five days or a fine of less than 500 yuan. This case involves a fine of 300 yuan, which is in accordance with legal provisions, and there is no doubt about it. As for the specifics of their soliciting behavior—whether they negotiated the price but did not perform or engaged in masturbation—it is not within the author's focus. Some people misunderstand the law, believing that if no money is given for the sexual service, it does not count as soliciting, claiming that free soliciting does not count, which is incorrect.

The "Ministry of Public Security's Reply on the Qualification of Issues Regarding Money as a Medium for Sexual Acts that Have Not Occurred" states: "Prostitution and solicitation refer to the act of engaging in sexual relations between unspecified heterosexual or homosexual individuals using money or property as a medium. If the parties involved have subjectively reached an agreement on prostitution and solicitation, negotiated a price, or provided money or property, and have begun to implement the act, but for reasons beyond their own subjective will, the sexual act has not occurred; or if the sexual act has occurred but money or property has not yet been given, both can be treated as prostitution and solicitation according to the law. The former should be punished lightly."

Negotiating but not acting can be considered soliciting; negotiating and acting but not paying is also considered soliciting. The "former behavior" mentioned here refers to the behavior of "having negotiated a price or having provided money or property, and having begun to implement it, but the sexual act has not occurred for reasons beyond the individual's subjective will," which is understood as negotiating but not acting. Lighter penalties apply to this situation, which is the easiest to understand, haha.

This aligns with the "Discretionary Guidelines" stating, "having negotiated a price or provided money or property, and not having implemented the sexual act." Additionally, negotiating and acting but not paying for free soliciting is also soliciting and may be a more serious violation, potentially escalating to crimes like rape. It should be noted that free legal consultations are not considered illegal, at most seen as seeking small advantages; however, seeking such small advantages is not advisable.

Firstly, lawyers may not take it seriously, and secondly, in potential subsequent litigation, the lawyer may recover external losses with higher fees. Remember, there are only wrong purchases, not wrong sales; even bringing half a bucket of genetically modified salad oil is fine. Haha...