A person that uses the services of a child prostitute undoubtedly commits a criminal offence with a maximum prison sentence of four years or a fine of the fourth category. All sexual contact with minors is illegal if it takes place under coercion. When sexual contact takes place against payment of money or goods or the promise of it, when sexual contact arises from abuse of dependence or through misleading, a minimum age of eighteen years applies and coercion is not necessary (Article 248a and 248b Sr).

Since October 2000 the Act of Lifting the general ban on Brothels (Wet Opheffing Bordeelverbod) is active. With that prostitution has become legal in the Netherlands and the prostitution of minors illegal. Municipalities can develop their own prostitution policy independently. Prostitution was already not prohibited in the Netherlands, but since October 2000 it is legal to start a brothel. Employment of a prostitute can only when the prostitute does it voluntarily and is not younger than eighteen years.

In Dutch law, trafficking in children is defined as: "the recruiting, transportation, harbouring, or subsequent reception of a person with an aim to exploit a person or make their organs available for remuneration, when that person has not yet reached the age of eighteen years. Exploitation comprises at least the exploitation of another person in prostitution, other forms of sexual exploitation, forced or compulsory work or services, slavery, slavery-like practice or servitude" (Article 273f of the criminal code).

Employment of minors in the prostitution to gain a profit is, according to Dutch law, a form of trafficking in human beings. A distinction is made between children and adults when it comes to the issue of coercion. The presence of coercion is not required for children (Article 273f, paragraph 1 Sr). This means that the intent to exploit can be assumed from a much earlier stage in cases involving children. Moreover, the offender need not be informed that the child is under age in order to be guilty of exploitation. If the exploited person is younger than sixteen years old, this counts as an aggravating factor for sentencing. Only when a minor independently decides to prostitute him or herself, without any intervention from a third party, does the matter cease to be one of trafficking.

The maximum penalty for this offence varies from six up to ten years. Aggravating circumstances are when the minor is younger than sixteen years old and when two or more persons exploit a minor (or minors) together. When the exploitation results in heavily physical damages or death the sentence can be up to fifteen years of prison.

Chapter B9 of the Vreemdelingencirculaire 2000 offers victims and witnesses who testify against the trafficker(s) a temporary residence permit, lodging, medical assistance, legal advice, money for subsistence and the right to work. The duration of the stay depends on the procedure against the suspect. Conditions are that the victim is a foreigner and wants to cooperate in the criminal investigation and the prosecution of the suspect of trafficking in human beings.

Trafficking in human beings should not be confused with human smuggling. Human smuggling is assisting people at illegal entry, stay or passing through (Article 197a Sr). The purpose of human smuggling is on illegal border overshooting and not on exploitation. It occurs that smuggling becomes exploiting, for example when the victims have to pay a great amount of money for the trip after arrival.