New York Criminal Lawyer BlogPublished on:
People v. A
Articles Posted in Prostitution
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New York Penal Law 230.04 …cont
Promoting prostitution is actually more serious than prostitution itself, in that regular Prostitution is a B misdemeanor (punishable by up to 90 days in jail), whereas Promoting Prostitution is an A misdemeanor (punishable by up to 1 year in jail). The charges pertaining to promoting criminal prostitution can be felonies depending on whether certain aggravating factors are present. For example, Promoting Prostitution in the Third Degree (Penal Law 230.20, a Class D felony) involves two or more prostitutes being promoted or a prostitute under the age of 19. Promoting Prostitution in the Second Degree (Penal Law 230.30, a Class C felony) applies where the prostitute is under 16 years of age or where coercive force or intimidation is used on the prostitute. Promoting Prostitution in the First Degree (Penal Law 230.32, a Class B felony), applies to situations in which the prostitute is less than 11 years old.
New York Penal Law Section 230.04 on Patronizing a prostitute in the third degree, states that: A person is guilty of patronizing a prostitute in the third degree when he or she patronizes a prostitute. Patronizing a prostitute in the third degree is a class A misdemeanor.
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New York Lawyer Explains Violation of NY Penal Law 230.04
New York Penal Law 230.04: Patronizing a Prostitute and Your NY Criminal Defense
The world’s oldest profession is still illegal in New York. What many people do not realize, however, is that prostitutes, pimps (or madams), and johns can all be arrested and convicted under New York state law without any sexual conduct taking place or any money exchanging hands. The state laws concerning prostitution in New York are contained in Penal Law Chapter 230.
A person is guilty of this Class B misdemeanor when he or she “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” Thus, it is important to recognize that it makes no difference whether the accused actually received money or engaged in any criminal sexual act, the mere offer of sexual services for money is just as serious under this section. Also, notably, the definition of “sexual conduct” as defined in Penal Law Section 130.00[3] and 130.00[10]) includes sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, and sexual contact. Put plainly, the laws of this chapter apply to virtually all and any sexual touching of any kind.
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Defendants Seek Suppression of Evidence
On this proceeding, a real estate company and a man move for a relief, in which both of them seek inspection of the grand jury minutes, suppression of evidence, discovery and disclosure. The real estate company and the man are both charged under count one with attempted promoting prostitution in the third Degree.
The City of New York’s proof consisted of the testimony of two undercover police officers. A New York Criminal Lawyer said the first undercover officer testified that when he entered in the real estate’s office with another undercover officer and spoke to a real estate agent, he indicated that he wanted to rent a house in the neighborhood. The real estate agent arranged to show a house to the undercover officer. While walking to the house, the real estate agent explained that the owner wanted the house to be used for commercial purposes. The undercover officer speaks with the agent in Spanish language explaining that it would not be a problem because he was in the people’s business and that the house would be the house of prostitution. The real estate agent then allegedly explained to the undercover officer that the house they were going to see would not be suitable for that purpose because it had recently been used as a house of prostitution. It had been closed down by the police, with extensive media coverage. The real estate agent said that he would try to find another house that would be more suitable.
Afterwards, the undercover officer returned to the real estate’s office. On that occasion, the original real estate agent was assisted by the man who was introduced to the undercover officers as being a real estate agent who had some prior knowledge with that kind of business. The man suggested a house that was in a secluded area.
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Friend of President Obama Caught in Prostitution Sting
A New York Criminal Lawyer has learned of a close friend of President Obama who was arrested in Hawaii for allegedly patronizing prostitution. Unfortunately for him, this prostitute was an undercover police officer.
The 49-year-old man was caught in “a reverse prostitution operation by Honolulu police,” police sources revealed.
The resident of the state of Hawaii, a childhood friend of President Obama, was one of four men who were arrested in that sting, involving police officers who would lure in would-be johns through a phony escort site on the Internet, local news reported.
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Couple receives months for their role in illegal immigrate smuggling
A couple from Mission, Texas who plead guilty before a U.S. Court District judge were read their sentences Monday afternoon. Three months ago, they pled guilty to conspiring to hire illegal aliens to work in their tavern. They hired women to work at barmaid, but many times they were forced to work as prostitutes, a source was told.
The 54-year-old male was sentenced to fifteen months in federal prison. He has no chance for parole. He also received two years under supervision because of the federal human smuggling charges against him.
The 43-year-old female received two years of probation, as well as receiving a sentence of six more months of house arrests, a friend said. The woman could face deportation after serving her time because she is an illegal immigrant.
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America’s Most Wanted tip helps put a woman behind bars
A woman who was featured on America’s Most Wanted was arrested Friday night. Immigration and Customs Enforcement (ICE) agents arrested the 52-year-old woman at Mohegan Sun, a casino in Uncasville, Conn. IEC agents picked her up from the casino floor.
The woman has been on the run since 2006 because she was wanted by New York for conspiracy to engage in human trafficking and interstate transportation of women for prostitution. A reporter was told that she ran a brothel and was being charged with transporting women from other countries to the United States.
American’s Most Wanted had done a feature on her in November 2010. Someone from the casino recognized her as a woman who visited Mohegan Sun often. The person called the show about the sighting.
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California Questions Its Laws about Pimps
After a man was arrested for trying to become a prostitute’s pimp, some lawyers have begun to question what constitutes a pimp in the first place. According to current California state law, a pimp is a person who encourages others to engage in sex activities for money who are not already doing so. A NYC Criminal Lawyer says this is pandering. While some agree this is an accurate description, in the case of the man convicted of pandering, the question becomes whether he is guilty of pandering in the first place since the woman was already working as a prostitute.
As it turns out, the prostitute was actually a police officer working undercover to catch people trying to buy sexual services. If the laws in California are changed, people trying to recruit those who are already prostitutes may no longer be charged with pandering and may receive a lesser charge which does not include any jail time. Currently, those charged with pandering may be charged with up to three years in prison. Sex crimes charges are typically reserved to those that run brothels or prostitution rings and who are actively trying to get others to become prostitutes.
The man arrested for pandering was not a pimp. He worked as a night janitor for his family’s office cleaning company. When he approached the undercover police officer he knew the area that was a known pick-up spot for prostitutes. It is unclear why the man pretended to be a pimp. He may have wanted to start a prostitution ring or was lying to seem more important to the woman. Since his release, the man has been unavailable for comment. Until the disagreement is settled between lawmakers, lawyers and community leaders, additional cases similar to the man’s case will be reviewed.