Under New York law, prostitution is the practice of engaging in relatively indiscriminate sexual activity, in exchange for immediate payment in money or other valuables. Under New York Law, prostitution is a Class “B” misdemeanor, which is punishable by up to 90 days in jail and/or $500 fine. In practice, very few prostitution cases actually result in jail time as each of the District Attorney’s Offices offers a program for these cases.
There is also a “bump up” charge called prostitution in a school zone. This charge is punishable by up to 1 year jail and a fine of up to $1,000.
What is Patronizing a Prostitute under New York Law?
In New York State, it is a crime to patronize a prostitute. Patronizing a prostitute is paying a fee, per a prior agreement, to another person for having sex, or to asking a person to have sex in return for a fee. Our attorneys understand that this and any other Sex Crime, including Promoting Prostitution, sodomy, child pornography, sex abuse, and rape are not only very serious allegations, but can also carry serious collateral consequences.
Such crimes are sometimes the focus of police sting operations and can involve internet solicitations, and clearly there are forcefully pursued by the office of the District Attorney in New York City, Westchester County, Suffolk County, and Nassau County. The charge of patronizing prostitution can range from a Misdemeanor to a Felony. While the gender of the individuals involved does not matter (the parties can be of the same gender, and the accused can be a female patronizing a male prostitute), the age of the prostitute involved will affect the seriousness of the charge.
Under New York Law, there are three different prostitution charges. Specifically, they are:
New York Patronizing a Prostitute in the Third Degree
Under New York Law, a person is guilty of Patronizing a Prostitute in the Third Degree under CPL § 230.04 when
(a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.
Penalties for Patronizing a Prostitute in the Third Degree
This statute is a class “A” misdemeanor and is punishable by up to 1 year in jail.
New York Patronizing a Prostitute in the Second Degree
Under our law, a person is guilty of Patronizing a Person for Prostitution in the Second Degree under CPL § 230.05when
(a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.
Penalties for Patronizing a Prostitute in the Second Degree
This charge is a class E felony, with a potential penalty of up to four years in prison.
New York Patronizing a Prostitute in the First Degree
Under our law, a person is guilty of Patronizing a Person for Prostitution in the Second Degree under CPL § 230.06when
(a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or
(b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; or
(c) He or she solicits or requests another person to engage in sexual conduct with him or her in return fora fee.
This charge applies if you patronize someone who is under the age of 11.
Penalties for Patronizing a Prostitute in the First Degree
This offense is a class D felony, with a potential prison term of up to seven years and a fine up to $5,000.
What is Promoting Prostitution under New York Law?
New York also has a criminal charge called promoting prostitution, (also called pimping or pandering), which is aimed at third who facilitate or make money from the prostitution of others. There are four degrees of promoting prostitution under New York Law. They are:
- Promoting Prostitution in the Fourth Degree
- Promoting Prostitution in the Third Degree
- Promoting Prostitution in the Second Degree
- Promoting Prostitution in the First Degree
Promoting Prostitution in the Fourth Degree
Under New York law, a person is guilty of Promoting Prostitution in the Fourth Degree under CPL § 230.20 when s/he”
1. Advances or profits from prostitution; OR
2. With intent to advance or profit from prostitution, distributes or disseminates to ten or more people in a public place obscene material, as such terms are defined by subdivisions one and two of section 235.00 of the New York Pena Law, or material that depicts nudity, as such term is defined
by subdivision one of section 245.10 of the New York Penal Law.
Penalties for New York Promoting Prostitution in the Fourth Degree
This charge is a class A misdemeanor and is punishable by up to one year in jail.
Promoting Prostitution in the Third Degree
Under our law, a person is guilty of Promoting Prostitution in the Third Degree under CPL § 230.25 when that person knowingly advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others,
- a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more persons in prostitution; OR
- a business that sells travel-related services knowing that such services include or are intended to facilitate travel for the purpose of patronizing a person for prostitution, including to a foreign jurisdiction and regardless of the legality of prostitution in said foreign jurisdiction.
Penalties and Sentencing for New York Prostitution in the Third Degree
This charge is a class D felony and is punishable by up to seven years in prison.
Promoting Prostitution in the Second Degree
Under our law, a person is guilty of Promoting Prostitution in the Second Degree under CPL § 230.30 when s/he knowingly advances prostitution by compelling a person by force or intimidation to engage in prostitution or profits from such coercive conduct by another
Penalties and Sentencing for New York Prostitution in the Second Degree
New York Promoting Prostitution is a a class C felony and is punishable by up to 15 years in prison
Promoting Prostitution in the First Degree
A person is guilty of New York Promoting Prostitution in the First Degree under CPL § 230.32 when when s/he, being twenty-one years old or more, he or she knowingly advances or profits from prostitution of a person less than fifteen years old.
Penalties and Sentencing for New York Prostitution in the First Degree
New York Prostitution in the First Degree is a class B felony and is punishable by up to 25 years in prison.
What Are Defenses to New York Prostitution Cases?
It is essential that you consult an experienced New York criminal defense attorney for development of a cohesive defense theory of your case. Some common defenses to New York Prostitution charges are:
- No reason to believe the prostitute was under the specified age (i.e. under 11 years old or under 14 years old). For example, if the prostitute was not advertised as being 13, looked older than 13, and did not tell the “John” that he or she was only 13, this could provide a defense to a charge of patronizing a prostitute under the age of 14.
- No valid contract or agreement to exchange money. A lot of the prostitution cases involve a contract to exchange sexual services for something of value. Our attorneys may be able to attack the case on the basis of their being no agreement or understanding that the sexual services are being performed in exchange for a fee.
What Are Collateral Consequences of Being Convicted of Prostitution of Patronizing a Prostitute?
People convicted of patronizing prostituted children under the age of 17 are required to register as sex offenders in New York.(N.Y Cor. Law § § 168-A, 168-F.)The commissioner of education will also revoke the teaching certificate of any teacher required to register as a sex offender. (N.Y Edn. Law § 305)
In addition to the criminal penalties listed above, you may face other financial penalties as well. These include: Mandatory surcharges ($300); additional surcharges ($170); monthly parole or probation costs ($30 per month); and/or a victim restitution fee (up to $15,000).
Contact Our Top Rated New York Criminal Defense Attorneys
After any arrest involving prostitution, you should consult your lawyer immediately. If you have been arrested and charged with patronizing prostitution, soliciting a prostitute or any other charge associated with prostitution contact our top rated attorneys to schedule your consultation.