The act constitutes an attempt at prostitution, but in fact it is generally not punished. Public security cases are not as rigorous as criminal cases. If there is no relationship or money transaction, although prostitution has been realized subjectively in jurisprudence, it has not actually happened. In the actual process of handling cases, this kind of behavior will not be subject to administrative punishment, at most, it is educational criticism.

If it is based on the intention of whoring, it belongs to the preparation of whoring. If you get to the place and give up when you are not in the right place, it belongs to the suspension of the preparatory stage and will not be punished. Of course, it may also be evaluated as stopping whoring, with or without punishment. The punishment degree of prostitution law is related to the age and frequency of prostitutes, and the specific method depends on the specific situation. Details are as follows:

1. The punishment of prostitutes by public security organs must be commensurate with the facts, nature, circumstances and degree of social harm of the illegal act, and it is strictly forbidden to replace punishment, reeducation through labor, asylum education and administrative detention with fines. When dealing with prostitutes, public security organs should implement the following measures and penalties according to Articles 66 and 67 of the Law on Public Security Administration Punishment:

2. Prostitution and whoring shall be detained for more than 10 and less than 15, and a fine of less than 5,000 yuan may be imposed;

3. Those who engage in prostitution with people above 14 and below 16, or those who engage in prostitution with people above 16 and below 18 for the first time, and those who engage in prostitution for the first time due to life reasons are "minors", shall be detained for not more than 5 days or fined for not more than 500 yuan;

4. Persons who engage in prostitution or whoring may be given education according to law in addition to administrative penalties for public security;

5. Persons over 16 years old but under 18 years old have been engaged in prostitution for many times, and persons over 18 years old have been engaged in prostitution for more than two times. , and should be educated according to law;

6. After being investigated and dealt with by the public security organ for prostitution, he was given reeducation through labor and was fined 5,000 yuan by the public security organ. Administrative detention should be given, but if a person over 70 years old is engaged in prostitution because of pregnancy or breastfeeding 1 baby under one year old, administrative detention will not be imposed. According to the judicial interpretation of the Ministry of Public Security, prostitution refers to the behavior of having sex with money or property between unspecified opposite sex or same sex (excluding massage services such as pushing oil, including oral sex, masturbation and sodomy). According to the front-line law enforcement police, the identification of prostitution mainly depends on whether the perpetrator has reached an agreement on prostitution subjectively. For example, they have negotiated the price or paid money and property, and have begun to implement it, but they have not had sex because of reasons other than their own subjective will; Or had sexual relations, but did not pay money or property, can be dealt with as prostitution according to law.