What is Prostitution Under NY Law

In New York, a person is guilty of prostitution when he or she engages or else agrees or even offers to engage in sexual conduct with another person, in return for a fee. Prostitution is a class B Misdemeanor.

Affirmative Defense

In any prosecution, it’s considered an affirmative defense that the defendant’s participation in the crime was a result of having been a victim of compelling prostitution, a victim of sex trafficking, or else a victim of trafficking in persons under the trafficking victims protection act.

Patronizing a Person for Prostitution

A person patronizes a person for prostitution when in regards to a prior understanding, he or she pays some sort of fee to another person as compensation for said person, or for a third person having engaged in sexual conduct with him or her, he or she pays or else agrees to pay a fee to another person in regards to an understanding that in return said person or a third person will engage in sexual conduct with him or her, or lastly if he or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee. “Person who is patronized” means the person with whom the defendant actually engaged in sexual conduct, or was to have engaged in sexual conduct in regards to the understanding, or the person who was solicited or requested by the defendant to engage in sexual conduct. You’ll need an attorney who can help you, at this junction.

Prostitution in a School Zone

A person is guilty of prostitution within a school zone when, being at least nineteen years of age or older, and acting during the hours that school is in fact in session, he or she commits the crime of prostitution at a place that he or she knows, or reasonably should know, is a school zone, and he or she knows, or reasonably should know, that this act of prostitution is in the direct view of children attending the school. “School zone” means in or on or inside of any building, structure, athletic playing field, playground, or even land contained in the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school. Also, any public sidewalk, street, parking lot, park, playground or private land that’s located immediately adjacent to the boundary line of said school. Prostitution in a school zone is a class A misdemeanor

Patronizing a Person for Prostitution in the Third Degree

A person is guilty of patronizing a person for prostitution in the third degree when he or she actually patronizes a person for prostitution. Patronizing a person for prostitution in the third degree is considered a class A misdemeanor.

Patronizing a Person for Prostitution in the Second Degree

A person is guilty of patronizing a person for prostitution in the second degree when, being eighteen years old or older, he or she patronizes a person for prostitution and the person being patronized is younger than fifteen years old. Patronizing a person for prostitution in the second degree is considered a class E felony.

Patronizing a Person for Prostitution in the First Degree

A person is guilty of patronizing a person for prostitution in the first degree when he or she patronizes a person for prostitution and the person who’s being patronized is less than eleven years old, or being eighteen years old or older, he or she patronizes a person for prostitution and the person who’s being patronized is less than thirteen years old. Patronizing a person for prostitution in the first degree is a class D felony.

While the letter of the law can at times seem complicated or confusing, it doesn’t always have to be. At Joseph Potashnik and Associates, PC, the people always come first. Our NYC criminal defense attorneys helped thousands of clients accused of all types of crimes. Let us help you, and make the first step by getting in touch with us today. It’ll be the best thing you do today.