Have You Been Charged With A Prostitution Offense In New York?
Nassau County Takes Prostitution Charges Seriously!
FIGHT YOUR PROSTITUTION CHARGE WITH AN EXPERIENCED NASSAU COUNTY CRIMINAL DEFENSE LAWYER!
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DO NOT PLEAD GUILTY TO PROSTITUTION CHARGES IN NEW YORK!
Prostitution-related offenses are taken seriously in New York. Whether acting as a prostitute, or participating in the act through any other means, you may find yourself facing criminal charges if law enforcement catches you.
The consequences of a prostitution-related offense can destroy your future. If you or a loved one has been charged with a prostitution-related offense, contact The Law Offices of Michael H. Ricca P.C. today.
NEW YORK STATE PROSTITUTION OFFENSES
In New York, there are a number of crimes that can be classified as prostitution offenses. The most common can be found below.
Prostitution is illegal in New York State. Per New York State (NYS) Penal Law 230.00, a person can be charged with prostitution if they engage in, offer, or agree to engage in sexual activities with another individual for a fee. In other words, prostitution occurs when consenting adults agree to engage in sexual relations for a negotiated fee. Where you engage in this sexual activity affects your charge. According to NYS Penal Law 230.03, prostitution in or around a school zone is considered more serious than doing so elsewhere.
In New York State, the act of prostitution is a Class B Misdemeanor. Engaging in prostitution in a school zone is considered a Class A Misdemeanor.
Patronizing a Prostitute
The prostitute is not the only individual who can be charged in relation to prostitution. According to NYS Penal Law 230.02, patronizing a person for prostitution occurs when an individual agrees to pay another person a fee in exchange for sexual conduct. This fee may be paid in advance, during, or after the sexual activity.
According to the NYS Penal Law, an individual who has engaged in patronizing a prostitution can also be charged.
- NYS Penal Law 230.04: Patronizing a Person for Prostitution in the Third Degree
This is the most general law regarding patronizing a person for prostitution. In fact, that is the only element that needs to be proven in order for you to be found guilty of Patronizing a Person for Prostitution in the Third Degree. This is considered a Class A Misdemeanor in New York.
- NYS Penal Law 230.05: Patronizing a Person for Prostitution in the Second Degree
Patronizing a Person for Prostitution in the Second Degree occurs when the individual who is being patronized is younger than 15 years old. In other words, when an individual who is at least 18 years of age pays a person who is under 15 years of age for engaging in sexual conduct, they may find themselves facing this charge. New York takes the health and welfare of children seriously. Because this seriously endangers the health and welfare of a child, Patronizing a Person for Prostitution in the Second Degree is a Class E Felony in New York.
- NYS Penal Law 230.06: Patronizing a Person for Prostitution in the First Degree
As a first degree offense, violating Section 230.06 builds upon the seriousness of the previous crime. There are two ways you can be charged with this offense. In general, if the person who is being patronized for sexual conduct is under 11 years of age, you may be charged with this crime. Similarly, if you are 18 years or older and engage in patronizing an individual who is less than 13 years of age, you can be charged with this offense. Patronizing a Person for Prostitution in the First Degree is a Class D Felony.
If convicted of any of the above offenses regarding patronizing a person for prostitution, New York State requires you to register as a sex offender.
Promoting prostitution is also illegal. According to NYS Penal Law 230.15, individuals who “advance prostitution” can be charged with promoting prostitution. This means, anyone who aids an individual with prostitution, including procuring or soliciting patrons, providing a prostitute or premise for prostitution, or assisting in the operation of a house of prostitution, can be charged with promoting prostitution. Profiting from prostitution is also a component of promoting prostitution. Below are crimes associated with promoting prostitution.
- NYS Penal Law 230.19: Promoting Prostitution in a School Zone
As with the act of prostitution itself, it is also illegal for individuals to promote prostitution in a school zone. In other words, if you promote an act of prostitution that you know or should know will occur in a school zone, you can be charged with this crime. This is considered a Class E Felony in New York.
- NYS Penal Law 230.20: Promoting Prostitution in the Fourth Degree
Advancing or profiting from an act of prostitution is considered Promoting Prostitution in the Fourth Degree. Additionally, distributing obscene material in a public place to ten or more people can fall under this charge. Promoting Prostitution in the Fourth Degree is a Class A Misdemeanor.
- NYS Penal Law 230.25: Promoting Prostitution in the Third Degree
If an individual manages, supervises, controls, or owns a house of prostitution, business, or enterprise that includes two or more people who engage in prostitution, you may find yourself charged with this offense. If you advance or profit from the prostitution of an individual who is under 19 years of age, you may also be charged with this crime. As such, this is a Class D Felony.
- NYS Penal Law 230.30: Promoting Prostitution in the Second Degree
If you force or intimidate a person into an act of prostitution, you may be charged with Promoting Prostitution in the Second Degree. Additionally, if you advance or profit from an act of prostitution of an individual who is under 18 years of age, you may face this charge as well. Prostitution in the Second Degree is a Class C Felony. If the prostitute was under 18 years of age, you will also have to register as a sex offender.
- NYS Penal Law 230.32: Promoting Prostitution in the First Degree
There are two ways you can be charged with this offense. First, if you knowingly advance or profit from the prostitution of an individual who is under 13 years of age, it falls under this section of the law. If you are 21 years old or more and advance or profit from an act of prostitution by a person who is under 15 years of age, you can also be charges with this offense. Promoting Prostitution in the First Degree is a Class B Felony in New York. As a result of your conviction, New York will require you to register as a sex offender.
Other Prostitution Related Offenses
Prostitution, patronizing, or promoting it, are not the only offenses you can be charged with.
- NYS Penal Law 230.33: Compelling Prostitution
Compelling Prostitution occurs when a person, who is 18 years of age or older, compels a person who is under 18 years of age to commit an act of prostitution through force or intimidation. This is a Class B Felony and you will be required to register as a sex offender.
- NYS Penal Law 230.34: Sex Trafficking
There are several things that are classified as sex trafficking. Unlawfully providing a prostitute with a narcotic drug, cannabis, methadone, gamma-hydroxybutyrate (GHB), or Rohypnol for the purposes of impairing their judgment is one such offense. Making material false statements or omissions to induce or maintain the prostitution of an individual is also a crime. Taking, withholding, or destroying passports, immigration documents, or government identifications with the intention to impair an individual’s freedom in order to force them into prostitution is perhaps the most publicly denounced version of sex trafficking as well. Requiring a sexual favor as a form of repayment for a real or imagined debt is also a form of sex trafficking. Threatening harm to a person, piece of property, or an individual’s reputation in order to force them into an act of prostitution is also illegal under this law. Sex Trafficking is a Class B Felony in New York. You will also be required to register as a sex offender.
- NYS Penal Law 230.40: Permitting Prostitution
If your car or property are being used for prostitution and you make no attempt to halt its use for such purposes, you may be charged with Permitting Prostitution. This is a Class B Misdemeanor in New York.
PROSTITUTION CONVICTIONS HAVE SERIOUS CONSEQUENCES IN NEW YORK STATE
Prostitution offenses have serious consequences if you are convicted or plead guilty.
Incarceration and Financial Penalties
Being convicted of a prostitution related offense comes with the potential for incarceration and financial penalties. To determine what penalties you may face, please see the table below.
|Class B Misdemeanor||Min: No Jail
Max: 90 Days
|N/A||Up to $500|
|Class A Misdemeanor||Min: No Jail
Max: 1 Year
|N/A||Up to $1,000|
|Class E Felony||No Jail
Max: 1-1/3 to 4 Years
|Min: 1-1/2 Years
Max: 4 Years
|Up to $5,000|
|Class D Felony||No Jail
Max: 2-1/3,to 7 Years
|Min: 2 Years
Max: 7 Years
|Up to $5,000|
|Class C Felony||No Jail
Max: 5 to 15 Years
|Min: 3-1/2 Years
Max: 15 Years
|Up to $5,000|
|Class B Felony||Min: 1 to 3 Years
Max: 8-1/3 to 25 Years
Max: 25 Years
|Up to $5,000|
In addition to the fines 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).
Prostitution and prostitution-related offenses are considered sex crimes in New York State. While not all sex crimes require registration, New York State does require individuals to register as sex offenders for certain types of convictions. As we reviewed the various prostitution-related offenses most commonly seen in New York above, we also noted which crimes will require you to register as a sex offender.
New York categorizes sex offenders into 3 levels. Level 1 sex offenders are those considered to be at low risk of recidivism. Level 2, on the other hand, are those that have a moderate risk of repeating an offense. Level 3 is reserved for sex offenders who have a high risk of repeating their crimes and are deemed a threat to public safety. In addition to these levels, a sex offender may find themselves designated as a sexual predator, sexually violent offender, or a predicate sex offender. For Level 1 sex offenders who do not receive a designation, they will be required to register for 20 years. All others, including Level 1 sex offenders with designations, will have to register for life.
Levels and designations are contingent on the crime you are convicted of, as well as the number of victims, your criminal history, and much more. Those convicted of sex crimes are often deemed the most reprehensible types of individuals by society due to the intimate nature of these offenses. Being convicted of a prostitution or prostitution-related offense will likely destroy your reputation for the rest of your life.
Other Potential Consequences
We have talked about incarceration, financial penalties, and sex offender registrations. However, there are other consequences that go beyond these things.
Whether you held a job previously or will be looking for work upon your release from prison, being convicted of a prostitution or prostitution-related offense will make it much harder for you to find employment. Felony charges, in particular, will trigger you to fail a background check for employers as well as for financial institutions. Given the hefty financial penalties related to convictions, being unable to find work or get a loan can have devastating consequences.
Housing authorities, including public housing, and colleges will also be more likely to reject your applications. This is especially true for felons, as well as anyone who is a registered sex offender. You may also experience a loss of certain liberties. This includes voting and serving on juries. Additionally, if you apply for adoption or fight for custody of your child, being convicted of a sex crime, a felony, or being labeled as a sex offender will likely have a negative influence on your case. Personal relationships are also often severely damaged when you are convicted of a prostitution or prostitution-related offense.
Additionally, if you are convicted of a prostitution or prostitution-related offense and are charged with another crime, you may face increased penalties. This is because New York is notoriously tough on repeat offenders. Prior convictions mean increased severity if you are convicted of a subsequent crime. Likewise, if you were convicted of a crime prior to being charged with a prostitution or prostitution-related offense, you will likely have a harsher sentence if convicted.
THE LAW OFFICES OF MICHAEL H. RICCA P.C. CAN HELP YOU FIGHT YOUR PROSTITUTION CHARGES
If you or a loved one has been charged with a prostitution or prostitution-related offense, The Law Offices of Michael H. Ricca P.C. can help you fight a conviction. As a reputable, experienced, and tenacious criminal defense firm, we will fight for your rights.
Contact our offices as soon as possible for your free consultation.