Prostitution laws in Botswana
Botswana's Penal Code does not make the exchange of sex for money itself an offence. It does criminalise procuring a person to become a "common prostitute" (s. 149), knowingly living on the earnings of prostitution or persistently soliciting in a public place (s. 155), controlling a sex worker for gain (s. 156) and keeping or letting premises for a brothel (s. 158). Soliciting in a public place is also an "idle and disorderly" offence (s. 179). Where no penalty is specified the general maximum is two years (s. 33), and repeat offences under s. 155 can attract corporal punishment. On 4 August 2026 a motion by MP Galenawabo Lekau asking the Government to decriminalise sex work was placed on the National Assembly Order Paper. Churches campaigned against it, and no outcome had been reported by October 2026.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
The Penal Code (Cap. 08:01) has no offence of selling or buying sex. It criminalises procuration, living on the earnings, aiding prostitution for gain, brothels and public soliciting. The living-on-earnings offence is written for "every person", so its wording does not exclude a sex worker's own earnings. An MP's motion in August 2026 asked the Government to decriminalise sex work by repealing these provisions.[1][2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Restricted Breach: criminal offence | Selling sex is not itself an offence. Persistently soliciting or importuning for immoral purposes in a public place is an offence (s. 155(1)(b)), punishable by up to two years (s. 33), with possible corporal punishment on a repeat conviction. Soliciting in a public place, or a "common prostitute" behaving in a disorderly or indecent manner there, is an idle-and-disorderly offence (s. 179(a), (f)). The penalty is a fine of up to P10 or one month, rising to one year for repeat convictions.[1] |
| Buying sexual services | Legal | The Penal Code contains no offence of paying an adult for sex. The public-soliciting offences (ss. 155(1)(b), 179(f)) apply to any person.[1] |
| Brothels and managed venues | Illegal Criminal offence | Keeping or managing a brothel, or assisting in managing one, is an offence. So is knowingly permitting premises to be used as a brothel as tenant or occupier, or letting premises knowing they will be so used (s. 158). No specific penalty is set, so the general maximum of two years and/or a fine applies (s. 33).[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Procuring any person to become a "common prostitute", or to become an inmate of or frequent a brothel, is an offence (s. 149). No term is specified, so the general two-year maximum applies (s. 33), and the court may add corporal punishment. Knowingly living on the earnings of prostitution (s. 155(1)(a)) and controlling a sex worker's movements for gain (s. 156) are also offences. A person who lives with or habitually accompanies a sex worker is presumed to live on the earnings (s. 155(2)).[1] |
| Advertising sexual services | Restricted Breach: criminal offence | No provision targets advertising sexual services as such. Soliciting is an offence only in a public place (ss. 155(1)(b), 179(f)). A third party who advertises a sex worker's services for gain could be prosecuted for aiding prostitution for gain (s. 156) or living on the earnings (s. 155(1)(a)).[1] |
The law in detail
Selling sexual services
Selling sex is not itself an offence. Persistently soliciting or importuning for immoral purposes in a public place is an offence (s. 155(1)(b)), punishable by up to two years (s. 33), with possible corporal punishment on a repeat conviction. Soliciting in a public place, or a "common prostitute" behaving in a disorderly or indecent manner there, is an idle-and-disorderly offence (s. 179(a), (f)). The penalty is a fine of up to P10 or one month, rising to one year for repeat convictions.[1]
Section 155(1)(a) punishes "every person" who knowingly lives wholly or in part on the earnings of prostitution. Unlike the colonial-era wording in some neighbouring codes, it is not limited to men, and its text does not exclude a sex worker's own earnings. How it is applied in practice was not checked.
Confidence: medium. Read from the Government of Botswana's consolidated text as hosted by UNODC's SHERLOC database; the consolidation date is not stated. The official portal (botswanalaws.com) blocks automated access, so later amendments could not be checked.
Checked 30 October 2026
Buying sexual services
The Penal Code contains no offence of paying an adult for sex. The public-soliciting offences (ss. 155(1)(b), 179(f)) apply to any person.[1]
Confidence: medium. Consolidation date unknown; see the note on selling.
Checked 30 October 2026
Brothels and managed venues
Keeping or managing a brothel, or assisting in managing one, is an offence. So is knowingly permitting premises to be used as a brothel as tenant or occupier, or letting premises knowing they will be so used (s. 158). No specific penalty is set, so the general maximum of two years and/or a fine applies (s. 33).[1]
Confidence: medium. Consolidation date unknown. The August 2026 motion refers to s. 156 as "keeping a brothel"; in the code text read here, brothels are s. 158 and s. 156 is aiding prostitution for gain.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Procuring any person to become a "common prostitute", or to become an inmate of or frequent a brothel, is an offence (s. 149). No term is specified, so the general two-year maximum applies (s. 33), and the court may add corporal punishment. Knowingly living on the earnings of prostitution (s. 155(1)(a)) and controlling a sex worker's movements for gain (s. 156) are also offences. A person who lives with or habitually accompanies a sex worker is presumed to live on the earnings (s. 155(2)).[1]
Confidence: medium. Consolidation date unknown; see the note on selling.
Checked 30 October 2026
Advertising sexual services
No provision targets advertising sexual services as such. Soliciting is an offence only in a public place (ss. 155(1)(b), 179(f)). A third party who advertises a sex worker's services for gain could be prosecuted for aiding prostitution for gain (s. 156) or living on the earnings (s. 155(1)(a)).[1]
Confidence: low. A reading of the statutory text only; no prosecutions of advertisers or websites were found.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Penal Code, Chapter 08:01 (consolidated text, Government of Botswana) Penal Code (Chapter 08:01) s. 33 · s. 149 · ss. 155–158 · s. 179 | Procuration (s. 149), living on the earnings and persistent soliciting (s. 155), aiding for gain (s. 156), brothels (s. 158), idle-and-disorderly soliciting (s. 179).[1] |
Pending and under review
In parliament · updated 11 August 2026
Private member's motion: Decriminalisation of Sex Work (G. Lekau MP)
The motion asks the National Assembly to resolve to request the Government to decriminalise sex work by repealing section 155 (living on the earnings of prostitution) and section 156 of the Penal Code, "in order to protect human rights, curb gender-based violence, and strengthen public health interventions". Notice was given on 29 July 2026 for 4 August 2026. The Evangelical Fellowship of Botswana launched a nationwide prayer campaign against it. A motion of this kind requests government action; it does not itself amend the law. No debate outcome had been reported by 30 October 2026.[2][3]
Timeline
Sources
- Penal Code, Chapter 08:01 (consolidated text, Government of Botswana). UNODC SHERLOC (copy of the Government of Botswana consolidation). legislation · accessed 30 October 2026
- Botswana National Assembly Notice Paper (Wednesday 29th July, 2026): Notice of a motion for Tuesday 4th August, 2026 — Decriminalisation of Sex Work. Parliament of Botswana, 29 July 2026. parliament · accessed 30 October 2026
- Churches launch fight against sex work motion. Mmegi, 11 August 2026. news · accessed 30 October 2026