Prostitution Prostitution laws in Cuba
Cuba's 2022 Penal Code (Law 151, published in the Gaceta Oficial on 1 September 2022) does not make selling or buying sex between adults a crime. Its chapter on trafficking, procuring and other forms of sexual exploitation punishes, with four to ten years, anyone who induces another person to engage in prostitution or 'carnal commerce' or in any way cooperates in or promotes it, who owns, runs or finances premises where it takes place, or who profits from another's prostitution (Art. 364); eight to twenty years with aggravating factors, up to life if linked to transnational organised crime. Under the 1987 code, sex workers were prosecuted under the pre-criminal 'dangerous state' provisions; the new code provides only post-criminal security measures. Independent media report that police still keep sex workers on file through warning letters. No specific advertising offence was found.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
Selling and buying sex between adults are not crimes. The 2022 Penal Code (Law 151) punishes inducing, cooperating in or promoting another's prostitution, running or financing any premises where it takes place, and profiting from it (Art. 364), with four to ten years. The 1987 code's 'dangerous state' regime, long used against sex workers, was not carried over, but police reportedly still issue warning letters.[1][2][3]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Legal | Selling sex is not an offence under the 2022 Penal Code, which provides security measures only after a crime ('posdelictivas'), ending the pre-criminal 'dangerous state' (peligrosidad) regime under which sex workers were previously prosecuted. Independent outlets report continued police harassment and bribery, and warning letters that create a police record.[1][2][3] |
| Buying sexual services | Legal | No offence of paying an adult for sex was found in the 2022 Penal Code. Using a person under 18 in prostitution is punishable by seven to fifteen years, and up to thirty years or life with aggravating factors (Art. 402).[1] |
| Brothels and managed venues | Illegal Criminal offence | Owning, running, administering, operating or financing, directly or through a third party, wholly or partly, any premises, establishment or dwelling, or part of one, where prostitution or any other form of 'carnal commerce' takes place is punishable by four to ten years.[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Inducing another person, or in any way cooperating in or promoting their engaging in prostitution, and obtaining any benefit from another's prostitution, are punishable by four to ten years (Art. 364.1); eight to twenty years where, among other things, the offender works in tourism, public order or health, uses threats or coercion, or acts habitually (Art. 364.2). Trafficking requires coercive means (Art. 363).[1] |
| Advertising sexual services | Restricted | No offence specifically targeting advertisements for sexual services was found. Advertising on behalf of another person can amount to 'cooperating in or promoting' their prostitution under Art. 364.1 a).[1] |
The law in detail
Selling sexual services
Selling sex is not an offence under the 2022 Penal Code, which provides security measures only after a crime ('posdelictivas'), ending the pre-criminal 'dangerous state' (peligrosidad) regime under which sex workers were previously prosecuted. Independent outlets report continued police harassment and bribery, and warning letters that create a police record.[1][2][3]
Confidence: medium. Police practice is documented only through testimony in independent media. The Diario de Cuba report (a Camagüey lawyer describing warning letters issued by the police vice department) returned HTTP 403 and is cited from search-result content only. No official data on warnings were found, and administrative (contravention) regulations were not reviewed.
Checked 30 October 2026
Buying sexual services
No offence of paying an adult for sex was found in the 2022 Penal Code. Using a person under 18 in prostitution is punishable by seven to fifteen years, and up to thirty years or life with aggravating factors (Art. 402).[1]
Confidence: medium.
Checked 30 October 2026
Brothels and managed venues
Owning, running, administering, operating or financing, directly or through a third party, wholly or partly, any premises, establishment or dwelling, or part of one, where prostitution or any other form of 'carnal commerce' takes place is punishable by four to ten years.[1]
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Inducing another person, or in any way cooperating in or promoting their engaging in prostitution, and obtaining any benefit from another's prostitution, are punishable by four to ten years (Art. 364.1); eight to twenty years where, among other things, the offender works in tourism, public order or health, uses threats or coercion, or acts habitually (Art. 364.2). Trafficking requires coercive means (Art. 363).[1]
Checked 30 October 2026
Advertising sexual services
No offence specifically targeting advertisements for sexual services was found. Advertising on behalf of another person can amount to 'cooperating in or promoting' their prostitution under Art. 364.1 a).[1]
Confidence: low. Inference from the Penal Code; regulations on internet content and the media were not reviewed.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Ley 151/2022 «Código Penal» (Gaceta Oficial de la República de Cuba No. 93 Ordinaria, 1 de septiembre de 2022) Penal Code (Law 151 of 2022) Arts. 363–364 · Art. 402 | Procuring and other forms of sexual exploitation (Art. 364), trafficking (Art. 363), using minors in prostitution (Art. 402); only post-criminal security measures.[1] |
Timeline
- 1 September 2022The new Penal Code (Law 151) is published in the Gaceta Oficial, to enter into force ninety days later; it replaces the 1987 code and its pre-criminal 'dangerous state' measures.[1]
Sources
- Ley 151/2022 «Código Penal» (Gaceta Oficial de la República de Cuba No. 93 Ordinaria, 1 de septiembre de 2022) (Law 151/2022, Penal Code (Official Gazette No. 93, 1 September 2022)). Asamblea Nacional del Poder Popular / Ministerio de Justicia, 1 September 2022. legislation · accessed 30 October 2026
- «Ser puta y que te respeten, es complicado»: el trabajo sexual en Cuba ('Being a whore and being respected is complicated': sex work in Cuba). La Joven Cuba, 7 March 2024. news · accessed 30 October 2026
- Trabajadoras sexuales en Camagüey: 'Ya la Policía no es el principal problema' (Sex workers in Camagüey: 'The police are no longer the main problem'). Diario de Cuba, September 2024. news · accessed 30 October 2026