Prostitution laws in TongaPuleʻanga Fakatuʻi ʻo Tonga
In Tonga, selling and buying sex in private are not offences, but the Criminal Offences Act (Cap. 4.04) penalises the activities around them. Keeping or managing a brothel, or letting or permitting premises to be used as a brothel or for habitual prostitution, carries a fine of up to T$5,000 or one year (s. 80). A man who knowingly lives on the earnings of prostitution faces two years, and on a repeat conviction may also be ordered to be whipped; a woman who controls a sex worker for gain faces T$5,000 or two years; soliciting or importuning in a public place for immoral purposes carries six months (s. 81). Procuring a woman to leave home to frequent a brothel carries five years (s. 126). No offence aimed specifically at advertising sexual services was found.
Legal model
Legal, organisation banned. Selling and buying are legal, but brothels, procuring and organising are criminal offences.
Exchanging sex for money in private is not an offence, but the Criminal Offences Act (Cap. 4.04) criminalises brothel-keeping and letting or permitting premises for a brothel or habitual prostitution (s. 80), a man living on the earnings of prostitution, a woman controlling a sex worker for gain and public soliciting for immoral purposes (s. 81), and procuring a woman to frequent a brothel (s. 126).[1]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Restricted Breach: criminal offence | Selling sex in private is not an offence. Any person who in a public place solicits or importunes for immoral purposes is liable to up to six months; a man who, while soliciting in public for an immoral purpose, presents himself as a woman to deceive another person faces a fine of up to T$1,000 or one year, or both.[1] |
| Buying sexual services | Legal | No offence of paying an adult for sex was found. The public soliciting offence in s. 81(4) applies to 'any person' and could reach clients.[1] |
| Brothels and managed venues | Illegal Criminal offence | Keeping, managing or assisting in managing a brothel; a landlord letting premises knowing they will be used as a brothel; and a tenant or occupier knowingly permitting premises to be used as a brothel or for habitual prostitution are offences punishable on summary conviction by a fine of up to T$5,000 or one year. A brothel is any place 'kept, used or resorted to for purposes of prostitution', and the section extends to premises used for 'lewd homosexual practices'.[1] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | A man who knowingly lives wholly or in part on the earnings of prostitution faces up to two years, and on a second or later conviction the court may also order whipping; a man living with or controlling a sex worker is presumed to do so. A woman who for gain controls a sex worker's movements faces up to T$5,000 or two years. Procuring a woman or girl to leave home to become an inmate of or frequent a brothel carries five years.[1] |
| Advertising sexual services | Restricted | No offence aimed specifically at advertising sexual services was found. The soliciting offence in s. 81(4) is limited to public places; a third party who profits from advertising others could face s. 81.[1] |
The law in detail
Selling sexual services
Selling sex in private is not an offence. Any person who in a public place solicits or importunes for immoral purposes is liable to up to six months; a man who, while soliciting in public for an immoral purpose, presents himself as a woman to deceive another person faces a fine of up to T$1,000 or one year, or both.[1]
Note. Read from the 2020 Revised Edition of the Criminal Offences Act (Cap. 4.04) on the Attorney General's Office portal; amendments after that edition were not checked.
Checked 30 October 2026
Buying sexual services
No offence of paying an adult for sex was found. The public soliciting offence in s. 81(4) applies to 'any person' and could reach clients.[1]
Confidence: medium. Read from the 2020 Revised Edition of the Criminal Offences Act (Cap. 4.04) on the Attorney General's Office portal; amendments after that edition were not checked.
Checked 30 October 2026
Brothels and managed venues
Keeping, managing or assisting in managing a brothel; a landlord letting premises knowing they will be used as a brothel; and a tenant or occupier knowingly permitting premises to be used as a brothel or for habitual prostitution are offences punishable on summary conviction by a fine of up to T$5,000 or one year. A brothel is any place 'kept, used or resorted to for purposes of prostitution', and the section extends to premises used for 'lewd homosexual practices'.[1]
Note. Read from the 2020 Revised Edition of the Criminal Offences Act (Cap. 4.04) on the Attorney General's Office portal; amendments after that edition were not checked.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
A man who knowingly lives wholly or in part on the earnings of prostitution faces up to two years, and on a second or later conviction the court may also order whipping; a man living with or controlling a sex worker is presumed to do so. A woman who for gain controls a sex worker's movements faces up to T$5,000 or two years. Procuring a woman or girl to leave home to become an inmate of or frequent a brothel carries five years.[1]
Note. Read from the 2020 Revised Edition of the Criminal Offences Act (Cap. 4.04) on the Attorney General's Office portal; amendments after that edition were not checked.
Checked 30 October 2026
Advertising sexual services
No offence aimed specifically at advertising sexual services was found. The soliciting offence in s. 81(4) is limited to public places; a third party who profits from advertising others could face s. 81.[1]
Confidence: low. Inference from the absence of a specific provision in the code reviewed; electronic-communications, obscenity and trafficking laws were not reviewed for platform liability.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Criminal Offences Act, Chapter 4.04, 2020 Revised Edition Criminal Offences Act, Cap. 4.04 (2020 Revised Edition) s. 80 · s. 81 · s. 126 | Keeping a brothel (s. 80), trading in prostitution and public soliciting (s. 81) and procuring the defilement of females, including for brothels (s. 126).[1] |
Sources
- Criminal Offences Act, Chapter 4.04, 2020 Revised Edition. Attorney General's Office, Kingdom of Tonga. legislation · accessed 30 October 2026