Prostitution in New York

What is a Prostitution Crime?

A prostitution crime is where an individual promotes or coerces another individual to engage in sexual conduct with another person for remuneration (most often cash), or an individual engages in sexual conduct with another person for remuneration.

Also, individuals who allow prostitution to occur on their property, or allow their children to engage in prostitution may be subject to prosecution.

Examples

Here are some ways that a person may be committing a prostitution crime.

A woman agrees to engage in sexual conduct with a man in exchange for valuable jewelry.
A man organizes a group of women to exchange sexual services for paying customers.
A landlord, who is aware of the prostitution, allows it to occur on his property, even though the landlord derives no benefit.
A father accepts money from an individual in exchange for sexual services from his minor children.
A man offers to pay a woman for sexual services, whom he believes is a prostitute, even if no sexual conduct ensues.

Essentially, it will be a prostitution crime if sexual services are exchanged for some type of remuneration, or there is conduct that promotes or coerces such activity, or if the conduct is allowed to occur, with or without benefit.

If you or a loved one has been charged with a crime associated with prostitution, please call our law offices today. Our attorneys have the proper skills and experience to help you!

What are the laws for prostitution crimes in New York?

New York law criminalizes a wide range of activities associated with prostitution. It essentially targets three areas of prostitution: engaging in prostitution, promoting, coercing, or allowing prostitution, and patronizing (seeking services from) a person for prostitution. New York law also includes additional penalties if that conduct is within a school zone.

Prostitution

Anyone who provides, agrees to, or offers sexual services to another person in exchange for remuneration, will be considered guilty of prostitution. This is a class B misdemeanor.

For example, if a woman agrees to provide sexual intercourse in exchange for 50 dollars, this will be prostitution.

Prostitution in a school zone

If a person is 19 years old or older and commits the crime of prostitution in an area where they knew it was a school zone when school is in session or should have known it was a school zone, it will be considered prostitution in a school zone.

This is a class A misdemeanor.

For example, if a woman solicits prostitution during school hours and is on the public park adjacent to the school, it will be prostitution in a school zone.

Promoting prostitution in the fourth degree

If a person promotes or benefits from prostitution or distributes obscene materials to 10 or more people in the hopes of promoting prostitution, then it will be considered promoting prostitution in the fourth degree. This is a class A misdemeanor.

For example, a promoter hands out individual cards with scantily clad females available for prostitution to benefit from such prostitution services; it will be promoting prostitution in the fourth degree.

Promoting prostitution in the third degree

It will be promoting prostitution in the third degree if a person is a manager or otherwise controlling individual for a house or other building that is used to promote prostitution services from more than one individual, and such individual benefits or hopes to benefit from such services or that individual promotes prostitution from an individual younger than 19 years old.

Also, if an individual procures travel services for the benefit or patronizing a person for prostitution, regardless if prostitution is legal where that individual intends to travel, will be promoting prostitution in the third degree. This is a class D felony.

For example, a travel agency secures travel for an individual to Thailand that includes “professional spa services,” which is euphemistic for procuring prostitution services, it will be promoting prostitution in the third degree.

Promoting prostitution in the second degree

If a person uses coercive conduct to promote prostitution or promotes prostitution from an individual that is younger than 18 years old, it will be considered promoting prostitution in the second degree. This is a class C felony.

For example, if an individual promotes the prostitution of an individual that is 17 years old, it will be promoting prostitution in the second degree.

Promoting prostitution in the first degree

If a person 21 years or older, promotes prostitution from an individual younger than 15 years old, or a person of any age promotes prostitution from an individual younger than 13 years old, it will be considered promoting prostitution in the first degree. This is a class B felony.

For example, if an individual accepts money to provide a 12-year-old female to provide sexual services, it will be promoting prostitution in the first degree.

Promoting prostitution in a school zone

If a person promotes prostitution in a school zone and they are 19 years old or older, it will be considered promoting prostitution in a school zone. This is a class E felony.

For example, if an individual promotes the prostitution of an individual, and that individual knows that it is a public facility next to a school, it will be promoting prostitution in a school zone.

Compelling prostitution

If a person who is at least 18 years old, uses threatening or coercive conduct to promote the prostitution of an individual younger than 18 years old, it will be considered compelling prostitution. This is a class B felony.

For example, if an individual forces a minor to engage in prostitution through the use of physical restraints, it will be compelling prostitution.

Sex trafficking

This is similar to compelling prostitution; however, there is not an age requirement on the promoter or the individual being forced to engage in prostitution.

If an individual uses coercive tactics such as threatening injury to individual, or that individual’s property, provides prohibited drugs to impair an individual’s judgment, threatens to expose secrets or criminal activity, or withholds important documents such as a passport, or anything that is meant to harm that individual, with the intent to have that individual engage in prostitution for the promoter’s benefit, it will be considered sex trafficking. This is a class B felony.

For example, if an individual withholds the visa of an immigrant worker, and threatens to destroy the document if she does not engage in prostitution, it will be sex trafficking.

Sex trafficking of a child

If a person that is at least 21 years old, intentionally promotes the prostitution of an individual younger than 18 years old, regardless of the promoter was aware of the age of the individual, it will be considered sex trafficking of a child. This is a class B felony.

For example, an individual promotes prostitution services of a 17-year-old female, even though he believes her age to be 19, it will be sex trafficking of a child.

Permitting prostitution

If an individual owns a vehicle or building where they know that it is being used for prostitution and do not make reasonable attempts to stop the activity, it will be considered permitting prostitution. This is a class B misdemeanor.

For example, if a landlord is aware of an apartment being used occasionally for prostitution, and does not seek to prevent the activity, it will be permitting prostitution.

Patronizing a person for prostitution in the third degree

If a person seeks sexual services from an individual in exchange for remuneration, this will be considered patronizing a person for prostitution in the third degree. This is a class A misdemeanor.

For example, if a man stops a woman on the sidewalk, and offers cash in exchange for sexual services, it will be patronizing a person for prostitution in the third degree.

Patronizing a person for prostitution in the second degree

If a person at least 18 years old seeks sexual services from an individual less than 15 years old for remuneration, this will be considered patronizing a person for prostitution in the second degree. This is a class E felony.

For example, offers room and board to a 14-year-old female, in exchange for occasional sexual services, it will be patronizing a person for prostitution in the second degree.

Patronizing a person for prostitution in the first degree

If a person, regardless of age, seeks sexual services from an individual younger than 11 years old, in exchange for some type of remuneration, or an individual over the age of 18 seeks sexual services from an individual younger than 13 years old, it will be considered patronizing a person for prostitution in the first degree. This is a class D felony.

For example, if a 21-year-old man offers a 12-year-old boy a smartphone in exchange for a sexual act, it will be patronizing a person for prostitution in the first degree.

Patronizing a person for prostitution in a school zone

If a person that is at least 21 years old seeks sexual services from an individual younger than age 18, that occurs within a school zone, in exchange for remuneration, this will be considered patronizing a person for prostitution in a school zone. This is a class E felony.

For example, a 25-year-old male approaches a 16-year-old female in a public park that is within eyesight of a local school and offers 100 dollars in exchange for a sexual act; it will be patronizing a person for prostitution in a school zone.

Aggravated patronizing of a minor for prostitution in the third degree

If a person over the age of 21 seeks and engages in sexual conduct with a minor under the age of 17 in exchange for remuneration, it will be aggravated patronizing of a minor for prostitution in the third degree. This is a class E felony.

For example, if a 22-year-old male offers 100 dollars to a 16-year-old female for sexual intercourse, and such conduct results, it will be aggravated patronizing of a minor for prostitution in the third degree.

Aggravated patronizing of a minor for prostitution in the second degree

If a person at least 18 years old, seeks and engages in sexual conduct with an individual younger than 15 years old in exchange for remuneration, it will be considered aggravated patronizing of a minor for prostitution in the second degree. This is a class D felony.

For example, a 20-year-old female offers illegal drugs to a 14-year-old boy, in exchange for sexual intercourse, and such conduct occurs, it will be aggravated patronizing of a minor for prostitution in the second degree.

Aggravated patronizing of a minor for prostitution in the first degree

If a person seeks sexual services in exchange for remuneration from an individual younger than age 11, or if a person at least 18 years old seeks the same services from an individual younger than age 13, it will be considered aggravated patronizing of a minor for prostitution in the first degree. This is a class B felony.

For example, if a 17-year-old male offers to buy a 10-year-old female a toy in exchange for oral sex, and such conduct occurs, it will be aggravated patronizing of a minor for prostitution in the first degree.

New York law criminalizes a wide variety of conduct associated with prostitution. Due to the varying complexity of these laws and the behaviors and actions they prohibit, it is best to consult legal counsel if you have any concerns about the law. Our attorneys can help address any questions or concerns you may have.

What other charges often accompany a prostitution crime charge?

Most prostitution crimes are often accompanied by a long list of other charges.

It is not unusual for an activity that has lasted a short while, to cause a long list of charges to be filed with prostitution crimes. Common crimes that accompany a prostitution crime are rape, criminal sexual act, predatory sexual assault, course of sexual conduct against a child, forcible touching, sexual performance of a minor, sexual abuse, and assault.

Federal law also has specific laws that prohibit prostitution and any activity associated with human sex trafficking. The specific circumstances of your case will dictate what charges will be filed against you. For ongoing activity, it is possible to have a variety of criminal charges.

Most criminal charges associated with prostitution will also contain additional charges from related crimes. These can vary widely depending on the circumstances.

Who investigates prostitution crimes?

There are a variety of law enforcement agencies that investigate prostitution crimes. Most of the time, it will be the New York Police Department. However, it is very common that sting and reverse sting operations are coordinated with federal and state agencies to thwart prostitution rings.

Also, most state and federal agencies have task forces committed to stopping and preventing prostitution crimes.

What are the potential penalties for charges of prostitution crimes?

Crimes associated with prostitution are range from class B misdemeanors to class B felonies. There is a significant difference between the penalties of a class B misdemeanor and a class B felony.

A class B misdemeanor has a maximum penalty of 500 dollars with 3 months of imprisonment, whereas a class B felony carries a maximum penalty of 5,000 dollars (or twice the amount gained from the illegal activity) and up to 25 years in prison.

Also, since it is very typical to have other criminal charges filed along with charges of prostitution crimes, penalties can become severe and extensive.

Penalties associated with prostitution crimes vary significantly. Depending on the circumstances an individual can be facing substantial fines and up to 25 years in prison.

What have the courts said about prostitution crimes?

Case 1

In People v. Carter, a New York appeals court said that there was insufficient evidence to convict the defendant on two charges of promoting prostitution.

The defendant was charged and convicted or promoting prostitution in the third degree. The state’s only evidence at trial was that the defendant had been in close proximity of two individuals that were engaged in prostitution. Defendant appealed his conviction stating that there was insufficient evidence to support his convictions.

The court agreed and stated that being in close proximity to individuals engaging in prostitution is legally insufficient to support a conviction of promoting prostitution in the third degree by itself.

The court vacated the convictions for the two associated charges of promoting prostitution in the third degree.

To read the court opinion in full, please click here. Or copy and paste the link below.

https://casetext.com/case/people-v-carter-572

Case 2

In People v. Simone-Taylor, a New York appeals court affirmed the convictions of promoting prostitution. The defendant was charged and convicted of a variety of crimes that included promoting prostitution in the third degree. Defendant states that there was legally insufficient evidence to support his conviction of promoting prostitution in the third degree.

The defendant had asked two 17-year-old females to engage in prostitution for the defendant. Both females refused. Defendant states that since the females refused to engage in prostitution that there was legally insufficient evidence to support his conviction of promoting prostitution in the third degree.

The court disagreed. The court stated that the solicitation of the females to engage in prostitution was legally sufficient evidence to support a conviction of promoting prostitution in the third degree. The court unanimously affirmed the convictions of the defendant.

To read the court opinion in full, please click here, or copy and paste the link below.

https://casetext.com/case/people-v-simone-taylor-1

Case 3

In People v. Freaney, a New York appeals court upheld the conviction of promoting prostitution in the third degree and permitting prostitution. The defendant was the owner of a club that on special occasions such as bachelors’ parties, would allow sexual services to be provided to patrons.

This was discovered during an undercover sting operation, and the defendant was arrested and subsequently convicted of promoting prostitution in the third degree and permitting prostitution. Defendant contended on appeal that since the prostitution infrequently occurred, that the jury should have been instructed that the business needed to be proving continuous prostitution services to support a conviction of promoting prostitution in the third degree.

The court disagreed stating that the law and its purpose was to prevent the facilitation and promotion of prostitution services, regardless of how often those facilities were used for such purposes. The court upheld the conviction of promoting prostitution in the third degree.

To read the court opinion in full, please click here. Or copy and paste the link below.

https://casetext.com/case/people-v-freaney

Are there any possible defenses to prostitution crimes?

Yes. There are a few defenses that can allow charges to be dismissed or could lead to lesser charges.

Many prostitution crimes require that an individual knowingly engaged in promoting prostitution. If an individual inadvertently promoted prostitution, then that individual may not be held liable for such charges, unless that belief was unreasonable.

Also, certain offenses have age requirements. In some select cases for second-degree patronization of a person for prostitution, if the person can prove that they were not more than 4 years older than the patronized person, that individual would have a valid defense. ¹³

There a variety of defenses available to those charged with crimes associated with prostitution. If you have any questions, please call our law offices today.

If I have been charged with a prostitution crime, what should I do?

Call us!

An individual charged with a prostitution crime is most likely facing serious penalties that go well beyond what the law states. Crimes associated with prostitution carry a unique and damaging stigma that may mar careers and damage personal and familial relationships. This effect can be permanent.

This is why anyone charged with a prostitution crime needs to seek legal counsel. If someone does not have adequate counsel, the penalties could be extreme and its ill effects long-lasting, if not permanent. Our attorneys work diligently to provide you with the best defense and seek the best possible outcomes. We work to serve your best interests.

NYPD press releases on prostitution crimes

4/12/2019

A man from Queens was indicted on charges of promoting prostitution

Charge: Promoting prostitution, criminal sale of a controlled substance

Allegation: A man from Queens ran a brothel and engaged in several transactions involving the sale of prohibited narcotics.

In 2019, a man from Queens, Carlos Medina Palomino, was indicted on charges of promoting prostitution and selling prohibited narcotics.

According to the Office of Special Narcotics press release, Medina Palomino was arrested after an undercover operation discovered that Medina Palomino operated two brothels that offered sexual services from women that Medina Palomino claimed to have extradited from Columbia.

To read the press release in full, click here. Or copy and paste the link below.

http://www.snpnyc.org/queens-narcotics-prostitution/

9/13/2018

Former detective and current NYPD officers indicted for involvement in a prostitution ring

Charge: Promoting prostitution, bribery, enterprise corruption, illegal gambling, criminal enterprise

Allegation: A former detective, a few NYPD officers, and over 30 civilians were involved in an elaborate prostitution ring and illegal gambling.

In 2018, a former NYPD detective and several NYPD officers were indicted for charges associated with their involvement in a scheme to promote prostitution and facilitate illegal gambling. According to an NYPD press release, the former detective, Ludwig Paz, and his wife organized and ran a complex criminal enterprise centered around prostitution and gambling.

Paz used his extensive knowledge of NYPD procedures to avoid undercover sting operations and also paid for confidential information from certain officers to avoid police raids.

In total, 49 individuals were indicted that were associated with a 4-year operation organized by Internal Affairs.

To read the full press release, please click here. Or copy and paste the link below.

http://www.snpnyc.org/queens-narcotics-prostitution/