Article 230 of the New York Penal law deals with prostitution, it essentially seeks to punish three types of individuals, prostitutes themselves, those who promote prostitution, and those who patronize prostitutes. In addition, not all the prostitution related offenses fall under the Sex Offender Registration Act.
Syracuse Prostitution Charges
The crime of prostitution occurs when an individual is alleged to have engaged, or agreed, or offered to engage in sexual conduct with another person in return for a fee. In New York, there are three degrees of patronizing a person for prostitution. An individual is alleged to commit patronizing a person for prostitution when that individual pays, agrees to pay, or requests to pay, for sexual conduct with another.[4] The factor which elevates the degree of patronizing a person for prostitution is the age of the person (prostitute) who is patronized. Thus, 3rd degree will be elevated to 2nd degree when the person patronized is less than fifteen (15) years old, and 2nd degree will be elevated to 1st degree when the person patronized is less than thirteen (13) years old.[5] Patronizing a person for prostitution 3rd degree (PL 230.04) is classified as an “A” misdemeanor, which is punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1,000. Patronizing a person for prostitution 2nd degree (PL 230.05) is an “E” felony, which is punishable by either up to four (4) years in state prison or five (5) years of probation, and with a fine of $5,000. Patronizing a person for prostitution 1st degree (PL 230.06) is a “D” felony, which is punishable by either up to seven (7) years in state prison or five (5) years of probation, and with a fine of $5,000.[6] In addition, an individual who is convicted of 1st or 2nd degree patronizing a person for prostitution will be required to register as a sex offender and thus be subject to the requirements of the Sex Offender Registration Act. Should an individual be convicted of patronizing a person for prostitution 3rd degree, and the person patronized is less than seventeen (17) years old, then that individual will also be required to register as a sex offender and be subject to the Act.[7] Promoting prostitution is one of the most severe prostitution related charges, and as such carries penalties that include significant state prison sentences. In New York there are four degrees of promoting prostitution, and the conduct that triggers each degree is slightly different but still has the same objective of “advancing or profiting” from prostitution.[8] Promoting prostitution 4th degree occurs when an individual either knowingly profits or advances prostitution in general, or when the individual distributes “obscene” material to at least ten people in a public place, with the intent to advance or profit from prostitution. Obscene material for purposes of this statute usually depicts nudity or sexual activity.[9] Promoting prostitution 3rd degree occurs when an individual essentially promotes prostitution by owning a “house of prostitution”, a businesses which facilitates travel for purposes of promoting prostitution, or profits from prostitution of a person less than nineteen (19) years of age.[10] Promoting prostitution 2nd degree occurs when an individual uses force or intimidation to compel another person into prostitution, and profits from the prostitution. In the alternative an individual can also be charged with 2nd degree for advancing or profiting from prostitution of someone who is eighteen (18) years of age.[11] Promoting prostitution 1st degree is tied to the age of the person who is being promoted as a prostitute, thus it occurs when an individual advances or profits from the prostitution of someone who is less than thirteen (13).[12] Out of the four degrees of promoting prostitution, three of them are felonies, and two of the degrees are subject to the Sex Offender Registration Act. Promoting prostitution 4th degree (PL 230.30) is classified as an “A” misdemeanor, which is punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1,000. Promoting prostitution 3rd degree (PL 230.25) is a “D” felony, which is punishable by either up to seven (7) years in state prison or five (5) years of probation, and with a fine of $5,000. Promoting prostitution 2nd degree (PL 230.30) is a “C” felony, which is punishable by either up to fifteen (15) years in state prison or five (5) years of probation, and with a fine of $5,000. Promoting prostitution 1st degree (PL 230.32) is a “B” felony, which requires a mandatory prison sentence of up to twenty-five (25) and a fine of $5,000.[13] In addition to the penalties required by the penal law, those individuals who are convicted of either 1st or 2nd degree promoting prostitution will also be subject to the Sex Offender Registration Act, meaning among other things they will be required to register as sex offenders.[14] A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. A person is guilty of patronizing a person for prostitution in the third degree when he or she patronizes a person for prostitution. A person is guilty of patronizing a person for prostitution in the second degree when, being eighteen years old or more, he or she patronizes a person for prostitution and the person patronized is less than fifteen years old. A person is guilty of patronizing a person for prostitution in the first degree when: A person is guilty of promoting prostitution in the fourth degree when he or she knowingly: A person is guilty of promoting prostitution in the third degree when he or she knowingly: A person is guilty of promoting prostitution in the second degree when he or she knowingly: A person is guilty of promoting prostitution in the first degree when he or she: Whether an individual is charged as being a prostitute themselves, or charged in connection with prostitution in Syracuse, the consequences if they are convicted have the potential to be severe, and even life ruining. Society views prostitution harshly, and as a result so does the criminal justice system. In order for an individual to either fight the allegations against them or to mitigate the consequences of their actions, it is imperative that they contact an experienced team of criminal defense attorneys. [1] New York Penal Law Section 230.00Patronizing A Person for Prostitution in Syracuse
Promoting Prostitution in Syracuse
Prostitution (PL 230.00) in Syracuse
Patronizing a Person for Prostitution 3rd Degree (PL 230.04) in Syracuse
Patronizing a Person for Prostitution 2nd Degree (PL 230.05) in Syracuse
Patronizing a Person for Prostitution 1st Degree (PL 230.06) in Syracuse
Promoting Prostitution 4th Degree (PL 230.20) in Syracuse
Promoting Prostitution 3rd Degree (PL 230.25) in Syracuse
Promoting Prostitution 2nd Degree (PL 230.30) in Syracuse
Promoting Prostitution 1st Degree (PL 230.32) in Syracuse
Conclusion
[2] New York Penal Law Title E
[3] New York Correction Law Article 6-C
[4] New York Penal Law Section 230.02
[5] New York Penal Law Article 230
[6] New York Penal Law Title E
[7] New York Correction Law Article 6-C
[8] New York Penal Law Article 230
[9] New York Penal Law Section 230.20
[10] New York Penal Law Section 230.25
[11] New York Penal Law Section 230.30
[12] New York Penal Law Section 230.32
[13] New York Penal Law Title E
[14] New York Correction Law 6-C