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Patronizing in New York

Are You At Risk Of Prosecution For Patronizing In New York? 

Patronizing a person for prostitution is a serious problem all across the country, and New York is no exception. Due to the secretive nature of the crime of prostitution, law enforcement officers are vigilant in looking to catch a suspect patronizing another person for prostitution. Because patronizing can appear to be normal conversation, seemingly innocuous activities can land you in hot water such as:

  1. Talking to someone from the inside of your vehicle;
  2. Conversing with another person in an area of town known for prostitution;
  3. Having a conversation with an unsupervised child in a school zone.

The Legal Definition Of Patronizing 

New York Penal Code Article 230 outlines prostitution offenses, including the crime of patronizing.

There are many different levels of patronizing crimes based on the circumstances surrounding the crime. The following is a brief explanation of the crimes of patronizing under New York law.

Patronizing a Person for Prostitution in a Third Degree

  • NY PL § 230.04
    • When you patronize an adult for the purposes of prostitution.
    •  Class A misdemeanor
    •  Punishable by up to one (1) year in prison or three (3) years of probation; and
    • A fine not to exceed $1,000 or double the amount of the gain from the crime.

Patronizing a Person for Prostitution in a Second Degree

  • NY PL § 230.05
    • When you, being eighteen (18) years or older, patronize a person for prostitution who is under fifteen (15) years old.
    • Class E felony
    • Maximum of four (4) years imprisonment or probation; and
    •  A fine.

Patronizing a Person for Prostitution in a First Degree

  • NY PL § 230.06
    • When you patronize a person under the age of eleven (11) for prostitution; or
    • When you, being eighteen (18) years or older, patronize a person for prostitution who is under thirteen (13) years old.
    • Class D felony
    • Maximum of seven (7) years imprisonment or probation; and
    • A fine.

Prostitution in a School Zone

  • NY PL § 230.03
    • When you, being nineteen (19) years or older, commit the crime of prostitution inside of a school zone during school hours.
    • Also applicable when the act occurs within direct view of the children attending the school.
    • “School Zone” is defined as any place contained within the boundaries of the real property of any school, public or private and any public or private land immediately adjacent to the boundary line of the school.
    • Class A misdemeanor
    • Punishable by up to one (1) year in prison or three (3) years of probation; and
    • A fine not to exceed $1,000 or double the amount of the gain from the crime.

Aggravated Patronizing a Minor for Prostitution in a Third Degree

  • NY PL § 230.11
    • When you, being twenty-one (21) years or older, patronize a person younger than seventeen (17) years old, and you engage in sexual acts such as intercourse, oral sexual contact or aggravated sexual conduct.
    • Class E felony
    • Maximum of four (4) years imprisonment or probation; and
    • A fine.

Aggravated Patronizing a Minor for Prostitution in a Second Degree

  • NY PL § 230.12
    • When you, being eighteen (18) years or older, patronize a person younger than fifteen (15) years old, and you engage in sexual acts such as intercourse, oral sexual contact or aggravated sexual conduct.
    • Class D felony
    • Maximum of seven (7) years imprisonment or probation; and
    • A fine.

Aggravated Patronizing a Minor for Prostitution in a First Degree

  •  NY PL § 230.13
    • When you patronize a person for prostitution who is under eleven (11) years old; or
    • When you, being eighteen (18) years or older, patronize a person younger than thirteen (13) years old, and you engage in sexual acts such as intercourse, oral sexual contact or aggravated sexual conduct.
    • Class B felony
    • Maximum of twenty-five (25) years imprisonment; and
    • A fine.

What is Patronizing? 

Understanding the definition of some key terms is also important for understanding this crime. There are three ways that an individual may patronize another for prostitution. The first is when one person pays a fee to another person as compensation for engaging in sexual conduct.

Another situation is where one person agrees to pay a fee for a third person will engage in sexual conduct with that individual. The third situation is where an individual solicits another person to have sexual conduct in exchange for a fee

Agencies Investigating and Prosecuting Patronizing Crimes 

Prostitution is a fairly common crime in the State of New York. State and local law enforcement agencies across New York are constantly vigilant in searching for instances of patronizing for prostitution. Additionally, school resource officers and other school employees keep a careful eye out for any prostitution that may be occurring on its campus.

Federal agencies frequently get involved in the prosecution of patronization as well. The FBI frequently forms human trafficking task forces. These tasks forces often focus on sex trafficking crimes. When investigating these sex trafficking crimes, there are also sting operations that target the individuals engaged in patronizing others for prostitution.

It is also common for Attorney General’s offices to work with local and state law enforcement agencies and create sting operations. During these sting operations, undercover law enforcement officers pose as prostitutes and wait for suspects to attempt to patronize them for prostitution. Once enough affirmative actions have been taken by the suspect to satisfy the elements of the crime, the suspect is arrested and charged with the offense.

What do Non-governmental organizations do? 

In addition to this bevy of governmental agencies, there are also non-governmental organizations (NGOs) engaged in preventing crimes surrounding the sex trade. These NGOs work in concert with law enforcement agencies to help uncover situations of human trafficking and prostitution.

These organizations often offer resources to help the victims of human trafficking and prostitution as well. With so many different entities working in concert to arrest and prosecute you for these crimes related to patronizing for prostitution.

Penalties for Violating Patronizing Statutes 

The penalties for violating patronizing statutes vary depending on the circumstances surrounding the crime.

  • Patronizing a person for prostitution in the third degree

Is a class A misdemeanor punishable by up to one (1) year in prison or three (3) years of probation; and a fine not to exceed $1,000 or double the amount of the gain from the crime.

  • Patronizing a person for prostitution in the second degree 

Is Class E felony, punishable by a maximum of four (4) years imprisonment or probation; and a fine

  • Patronizing a person for prostitution in the first degree 

Is Class D felony punishable by a maximum of seven (7) years imprisonment or probation and a fine

  • The crime of prostitution in a school zone 

Is a class A misdemeanor punishable by up to one (1) year in prison or three (3) years of probation; and a fine not to exceed $1,000 or double the amount of the gain from the crime.

The penalties for aggravated patronizing a minor for prostitution are quite severe and differ slightly depending on the specific ages of the individuals involved, among other variables.

  • Aggravated patronizing a minor for prostitution in the third degree 

Is a class E felony Maximum of four (4) years imprisonment or probation and a fine

  • Aggravated patronizing a minor for prostitution in the second degree 

Is a Class D felony punishable by a maximum of seven (7) years imprisonment or probation and a fine

  • Aggravated patronizing a minor for prostitution in the first degree 

Is a class B felony punishable by a maximum of twenty-five (25) years imprisonment, and a fine

The severity of the penalties for these offenses is strict, and the stigma that accompanies a conviction for one of these crimes is strong. Do not let your freedom and reputation be irreparably harmed. Call us today and speak with an experienced legal professional.

Related Crimes

There are some crimes that are commonly associated with and charged together with patronizing a person for prostitution. Because human trafficking is very common in cases of prostitution, many of these crimes are associated with sex trafficking. In cases of sex trafficking, there are frequently charges of unlawful imprisonment, kidnapping and custodial interference in addition to compelling or permitting prostitution.

With such a complex web of laws surrounding this type of crime, having an experienced lawyer with you can make a world of difference. In addition to state charges for patronizing a person for prostitution, there are also federal statutes dealing with prostitution.

These charges range from prostitution near a military base to coercion and transportation. Depending on the circumstance of a particular situation, you may find yourself facing state and federal prostitution charges. In this situation, it is more important than ever to have an attorney on your side that you can trust to protect you and your freedom.     

Legal Defenses to Patronizing Crimes 

There are some legal defenses that may be available to protect against charges of patronizing a person for prostitution. Some of these defenses are statutory in nature.

  • Under NY PL § 230.07 there is a defense available if you did not have reasonable grounds to believe that the person engaging in prostitution was less than a specific age. This defense is available in cases of patronizing a person for prostitution in the first and second degrees as well as in cases of patronizing a person for prostitution in a school zone.
  • Similarly, under NY PL § 230.10, it is not a defense to the crime of patronizing a person for prostitution that the two parties engaged in the sexual conduct were of the same gender, nor is it a defense if a woman pays the fee for a man to engage in prostitution.
  • You may be able to argue that the police entrapped you. This defense is difficult to prove and fact specific. Furthermore, you may argue that no sexual activity had occurred, even if it had been contemplated.
  • Another possible defense is that no money exchanged hands, and the encounter was not prostitution but rather a consensual sexual encounter. Because there are many different and complex defenses available to you, depending on the specific circumstances surrounding your case, it is essential that you call us as soon as possible and get an expert legal mind on your side.

We Are Here To Help, Call Us Now!

Patronizing a person for prostitution is a serious offense with serious legal and non-legal consequences. If you have been charged with patronizing a person for prostitution, you stand to lose a substantial sum of money in addition to jail time and irreparable harm to your reputation.

Copious amount of resources are dedicated to fighting prostitution at all levels of government. Shouldn’t you have an experienced legal professional fighting on your behalf? Any small slip up during the investigation phase can lead to adverse results for you so be sure to have someone on your side who knows the ins and outs of these types of matters.

For any questions about patronizing a person for prostitution in New York or a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to use today. We have a nearby office that will be able to assist you.

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