NYC Patronizing a Prostitute Lawyers
Prostitution remains illegal in the state of New York, and there are many charges someone seeking the services of a prostitute may face. Prostitution encompasses more than interactions with a streetwalker. Escort services and massage parlors often serve as fronts for prostitution. Regardless of the circumstances, anyone who pays for or attempts to pay for a sexual act may face charges of “Patronizing a Prostitute” under New York State law.
Legal matters and statutes related to prostitution appear under New York Penal Law section 230.00. Anyone with concerns about charges associated with Patronizing a Prostitute should review the statute pertaining to the charge. Of course, reading state law isn’t enough when facing criminal charges. Seeking representation from a skilled criminal defense attorney, one with extensive experience representing clients facing prostitution-related charges, becomes necessary when hoping to mount a viable defense against the charges.
Solicitation and Payments
Solicitation refers to making a direct offer to pay someone for sexual services. Many people not versed with the law assume they must hand over money for the services for the charges to become valid. That is not the case. The act of solicitation is enough to face charges. Not actually making a payment is irrelevant per the law. Similarly, a person need not perform a sexual act for Patronizing a Prostitute charges to have validity. Again, the act of offering payment is a violation of the law and enough to warrant arrest.
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(212) 300-5196Patronizing a Prostitute: Felony vs. Misdemeanor
Sections 230.04, 230.05, and 230.06 describe whether someone faces misdemeanor or felony charges. Ultimately, the basis for the charges centers on the age of the prostitute. The more serious the offense, the greater the penalty. Specifically, the statute defines the crimes as follows:
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You were arrested after an undercover NYPD officer posing as a sex worker accepted your offer of payment at a midtown hotel. The officer recorded the conversation and you were charged with Patronizing a Prostitute under New York Penal Law § 230.04.
Can I really be convicted based on a conversation with an undercover officer even though no sexual act ever took place?
Yes — under New York Penal Law § 230.04, you can be charged with Patronizing a Prostitute in the Fourth Degree simply for agreeing to pay a fee in exchange for sexual conduct, regardless of whether the act was completed. An entrapment defense may apply if the officer induced you to commit a crime you were not otherwise predisposed to commit, but courts set a high bar for that claim. A first offense is a Class B misdemeanor carrying up to 90 days in jail and a $500 fine, though experienced defense counsel can often negotiate alternatives such as an adjournment in contemplation of dismissal (ACD) or a community service disposition. We would scrutinize the arresting officer's conduct, the recording, and the specific language used to build the strongest possible defense.
This is general information only. Contact us for advice specific to your situation.
Charges at the level of a class A misdemeanor, patronizing a prostitute in the third degree, involve someone over the age of 21 patronizing someone who is under the age of 17. Charges at the level of a class E felony, patronizing a prostitute in the second degree, involve someone over the age of 18 patronizing an individual who is under the age of 15. Charges at the level of a class D felony, patronizing a prostitute in the first degree, involve a person 18 years of age or older patronizing an individual who is less than 13 years old; or involve someone patronizing an individual who is under the age of 11. The age of the person patronizing the minor under 11 years is irrelevant.
