Prostitution Law in Austria
Prostitution law in Austria refers to the legal framework governing the provision of consensual sexual services for payment in the Republic of Austria. Prostitution is legal in Austria but regulated under federal criminal law and provincial legislation. Austrian law distinguishes between voluntary adult sex work and criminal offences such as human trafficking, coercion, exploitation, and prostitution involving minors.
Contents
Legal Status
Prostitution between consenting adults is legal throughout Austria. However, it is not treated as standard employment. Sex workers are generally classified as self-employed and must comply with registration, taxation, and health regulations.
The legal framework is divided between federal criminal law and provincial regulatory laws.
Federal Criminal Law
The Austrian Criminal Code (Strafgesetzbuch, StGB) criminalises:
- Human trafficking (§ 104a StGB)
- Coercion into prostitution
- Exploitative pimping (§ 216 StGB)
- Prostitution involving minors (§ 207b StGB)
Prostitution itself is not a criminal offence when practised voluntarily by adults. However, exploitation, force, deception, or involvement of persons under 18 is punishable.
Full text of the Austrian Criminal Code: Bundeskanzleramt – Rechtsinformationssystem (RIS)
Provincial Regulation
Each of Austria’s nine federal states regulates prostitution through its own prostitution act. These laws govern:
- Registration requirements
- Mandatory health checks
- Zoning rules
- Licensing of brothels
- Operating conditions for sex establishments
In Vienna, prostitution is regulated under the Wiener Prostitutionsgesetz 2011. Official text: Wiener Landesrecht – Prostitutionsgesetz 2011
Other provinces have similar legislation, for example:
- Carinthia: Kärntner Prostitutionsgesetz
- Styria: Steiermärkisches Prostitutionsgesetz
Health Requirements
Provincial laws require sex workers to undergo regular medical examinations to prevent the spread of sexually transmitted infections (STIs). In most provinces, examinations must be conducted every six weeks.
Further information: Federal Ministry of Social Affairs, Health, Care and Consumer Protection
Taxation and Social Insurance
Sex workers are treated as self-employed persons. They must:
- Register with tax authorities
- Declare income
- Pay income tax
- Contribute to social insurance (SVS – Sozialversicherung der Selbständigen)
Information on tax obligations: Federal Ministry of Finance
Restrictions
Although prostitution is legal, restrictions apply:
- Prostitution involving minors is strictly prohibited.
- Street prostitution may be limited to designated areas.
- Advertising may be regulated by provincial law.
- Unlicensed brothel operation may result in administrative or criminal penalties.
Distinction from Human Trafficking
Austrian law clearly distinguishes voluntary sex work from human trafficking. Human trafficking for sexual exploitation is criminalised under § 104a StGB.
Austria is also bound by European Union legislation on combating trafficking in human beings.
