IS SUGAR BABY – SUGAR DADDY CONSIDERED AN ACT OF PROSTITUTION?

“Sugar baby – sugar daddy” is a popular keywords searching on social networks. Some people mention these words with anger, others show contempt and disgust. This has created a lazy mindset and become Sugar Baby for some beautiful young girls. Many fanpages, private or public groups on social platforms have been created to connect Daddy and Baby. The Baby will post pictures to introduce themselves to “invite” Daddy publicly. So, what is sugar daddy, sugar baby? Is this relationship illegal?

Table of Contents:

1. What is sugar baby, sugar daddy?

2. Is sugar baby – sugar daddy prostitution?

2.1 Administrative sanctions

2.2 Criminal prosecution

1. What is sugar baby and sugar daddy?

Sugar Daddy: imply an old man who have relationship with a young girl. This age difference has made many people mistakenly think that they are father and daughter.

Sugar Baby: Sugar Daddy’s “little daughter”. Sugar Babies are usually young, beautiful students who want a financially fulfilling study life without having to worry or work like their peers.

In short, the phrase “Sugar baby – sugar daddy” is a general term for relationships whose main purpose is to exchange sex and money.

2. Is sugar baby – sugar daddy an act of prostitution?

According to Clause 1, Clause 2, Clause 3, Article 3 of the 2003 Ordinance on Prostitution Prevention and Combat, prostitution is defined as follows:

“1. Selling sex means a person having sexual intercourse with another for pay with money or other material benefits.

2. Buying sex means a person paying money or other material benefits to a prostitute for having sexual intercourse with such person.

3. Prostitution means acts of selling and buying sex.”

In reality, the “Sugar baby – sugar daddy” relationship is gradually becoming a disguised form of prostitution, violating the provisions of the law on prostitution prevention and control.

2.1 Administrative sanctions

If it is proven that the “sugar baby” is a prostitute, pursuant to Article 25 of Decree 144/2021/ND-CP, the administrative sanctions for prostitution are as follows:

“Article 25. Sex selling

1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for selling sex.

2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for selling sex in case the offence involves more than one person at the same time.

3. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2 of this Article.

b) Expel foreigners committing the administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 1 and 2 of this Article;”

If the sugar baby is a prostitute, he/she may be fined from VND 300,000 to VND 500,000, or VND 1,000,000 to VND 2,000,000 in the case of selling sex to 02 or more people at the same time.

Simultaneously, pursuant to Article 24 of Decree 144/2021/ND-CP, the administrative penalty for the act of buying sex is stipulated as follows:

“Article 24. Sex buying

1. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for buying sex:

2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for buying sex in case the offence involves more than one person at the same time.

3. Additional penalty:

Confiscate the exhibits and means used for committing administrative violations specified in Clauses 1 and 2 of this Article.”

2.2 Criminal prosecution

In the case of a “sugar baby” (prostitute) being a person under 18 years of age, pursuant to Article 329 of the 2015 Penal Code, amended and supplemented in 2017, the “Crime of prostitution with a person under 18 years of age” is stipulated as follows:

“Article 329. Engaging in prostitution with a person under 18

1. Any person aged ≥ 18 who engages in prostitution with a person under 18, except for the case in Point b Clause 1 Article 142 hereof, shall face a penalty of 01 – 05 years’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 03 – 07 years’ imprisonment:

a) The offence has been committed more than once;

b) The person engaged in prostitution is from 13 to under 16 years of age;

c) The offence results in 31% – 60% physical disability of the victim.

3. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:

a) The offence has been committed more than once and the person engaged in prostitution is from 13 to under 16 years of age;

b) The offence results in ≥ 61% physical disability of the victim.

4. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.”

Thus, prostitution of a person under 18 years of age shall be prosecuted for criminal liability according to the provisions of law.