New Jersey Section 2C:34-1 – Prostitution and related offenses.

New Jersey’s Laws on Prostitution and Related Offenses

New Jersey’s laws regarding prostitution and related offenses are covered under Section 2C:34-1 of the state’s criminal code. This section defines prostitution as “sexual activity with another person in exchange for something of economic value.” It also covers offenses like promoting prostitution, permitting prostitution, and loitering for the purpose of prostitution.

Defining Prostitution

The law defines prostitution broadly, covering actual sexual activity in exchange for payment as well as offering or agreeing to sexual activity for pay. The “something of economic value” does not have to be money – it could be goods, services, or other valuable consideration. The sexual activity also does not need to be completed for the law to be violated. Simply offering or agreeing is enough.

This means that both the prostitute and the customer can be charged for their role in the illegal transaction. The prostitute can be charged for offering sexual services in exchange for payment. The customer can be charged for offering payment in exchange for sexual services.

Promoting and Permitting Prostitution

The law also makes it a crime to promote prostitution or own, manage, or control a premise where prostitution takes place. This covers activities like:

• Recruiting or transporting someone to engage in prostitution
• Providing a premise for prostitution purposes
• Allowing a premise under one’s control to be used for prostitution
• Receiving money from the operations of a prostitution business

Landlords and hotel managers need to be careful that their properties are not used for prostitution. Even if they are not directly involved, knowingly allowing their premises to be used in this way can lead to prosecution.

Loitering for Prostitution

Simply hanging around in public for the purpose of engaging in prostitution is also illegal. Officers can ask suspected loiterers to identify themselves and explain their reason for being there. Failure to provide a lawful reason can lead to arrest.

Loitering laws are controversial, as they give police a lot of discretion on who to stop and question. Civil rights advocates argue they lead to profiling and harassment of marginalized groups. But supporters say they help curb street prostitution in troubled areas.

Defenses

Those charged under Section 2C:34-1 do have some possible defenses:

• Lack of intent – The accused did not actually intend to engage in prostitution or promote it. There was simply a misunderstanding.
• Entrapment – The accused was induced into committing the crime by police officers. Simply giving someone an opportunity to break the law is fine, but active persuasion crosses the line into entrapment.
• Duress – The accused engaged in prostitution or promotion due to threats of harm. This can apply to human trafficking victims forced into sex work.

However, these defenses often rely on the specific circumstances of the case and are not surefire ways to avoid conviction. Having an experienced criminal defense lawyer argue your side is crucial.