New York Criminal Lawyer Blog
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.
New York Penal Law Section 230.05 on Patronizing a prostitute in the second degree, states that: A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age. Patronizing a prostitute in the second degree is a class E felony.
New York Penal Law Section 230.06 on Patronizing a prostitute in the first degree, states that: A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age. Patronizing a prostitute in the first degree is a class D felony.
New York Penal Law Section 230.07 on Patronizing a prostitute; defense, states that: In any prosecution for patronizing a prostitute in the first or second degrees, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.
New York Penal Law Section 230.10 on Prostitution and patronizing a prostitute; no defense, states that: In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that: 1. Such persons were of the same sex; or 2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.