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.

Prostitution Charges in Albany

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.[1] What is ironic is that the government spends vast resources in “sting” operations to arrest alleged prostitutes, but the penalties for the crime of prostitution are the least severe of any sex offense. Prostitution (PL 230.00) is classified as a “B” misdemeanor, which is punishable by either three (3) months in jail or one (1) year of probation, and with a fine of $500.[2] An individual who is ultimately convicted of prostitution will not be subjected to the requirements of the Sex Offender Registration Act.[3]

Patronizing A Person for Prostitution in Albany

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 in Albany

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]

Albany Prostitution (PL 230.00)

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.

Patronizing a Person for Prostitution 3rd Degree (PL 230.04)

A person is guilty of patronizing a person for prostitution in the third degree when he or she patronizes a person for prostitution.

Patronizing a Person for Prostitution 2nd Degree (PL 230.05)

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.

Patronizing a Person for Prostitution 1st Degree (PL 230.06)

A person is guilty of patronizing a person for prostitution in the first degree when:

  1. He or she patronizes a person for prostitution and the person patronized is less than eleven years old; or
  2. Being eighteen years old or more, he or she patronizes a person for prostitution and the person patronized is less than thirteen years old.

Promoting Prostitution 4th Degree (PL 230.20)

A person is guilty of promoting prostitution in the fourth degree when he or she knowingly:

  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 this title, or material that depicts nudity, as such term is defined by subdivision one of section 245.10 of this part.

Promoting Prostitution 3rd Degree (PL 230.25)

A person is guilty of promoting prostitution in the third degree when he or she knowingly:

  1. 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; or
  2. Advances or profits from prostitution of a person less than nineteen years old.

Promoting Prostitution 2nd Degree (PL 230.30)

A person is guilty of promoting prostitution in the second degree when he or she knowingly:

  1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
  2. Advances or profits from prostitution of a person less than eighteen years old.

Promoting Prostitution 1st Degree (PL 230.32)

A person is guilty of promoting prostitution in the first degree when he or she:

  1. knowingly advances or profits from prostitution of a person less than thirteen years old; or
  2. being twenty-one years old or more, he or she knowingly advances or profits from prostitution of a person less than fifteen years old.

Conclusion

Whether an individual is charged as being a prostitute themselves, or charged in connection with prostitution, 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 230.00
[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