{"id":375312,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-prostitution-laws.html"},"modified":"2024-11-01T16:37:20","modified_gmt":"2024-11-01T21:37:20","slug":"new-york-prostitution-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-prostitution-laws.html","title":{"rendered":"New York Prostitution Laws"},"content":{"rendered":"\n
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New York Prostitution Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Prostitution is illegal in every state except Nevada. But every state has its own prostitution laws. New York is no different. New York’s prostitution<\/a> laws target several offenses stemming from the prohibited act of engaging or offering to engage in a sex act in exchange for a fee.<\/p>\r\n

Prostitution laws generally ban the promotion of prostitution (also called pandering or pimping<\/a>), solicitation of prostitution<\/a>, and related offenses besides charges against the act of prostitution itself. While some people argue that lawmakers should decriminalize sex work, New York law still considers these offenses as crimes.<\/p>\r\n

If you’re facing prostitution charges or a related sex crime, you should familiarize yourself with New York’s Penal Code<\/a>. While the penalties for some of these offenses may seem minor, they will remain on your criminal record and affect your personal and professional lives.<\/p>\r\n

Here, we’ll explain New York State’s laws against prostitution, pandering, and solicitation. We will also describe the penalties for each criminal offense. If you have prostitution charges pending, it’s best to consult an experienced New York criminal defense attorney.<\/p>\r\n

New York Prostitution Laws at a Glance<\/b><\/h2>\r\n

Although the New York Penal Code does not define sexual conduct in its prostitution statute, the state courts have defined it to include a wide range of sexual acts, including some clothed physical contact.<\/p>\r\n

In New York, prostitution<\/a> is a Class B misdemeanor. New York also criminalizes the separate offenses of patronizing a prostitute, promoting prostitution, compelling prostitution, sex trafficking, and permitting prostitution.<\/p>\r\n\r\n
Statute<\/th>\r\n

New York Penal Code Article 230, et seq<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Statutory definition of prostitution<\/th>\r\n

A person commits the act of prostitution when they engage in or offer to engage in sexual conduct in exchange for something of value.<\/p>\r\n<\/td>\r\n<\/tr>

Defenses to prostitution charges<\/th>\r\n

Actual innocence is always a defense to a criminal charge. If the state charges you with first-degree or second-degree patronizing a prostitute, you can submit evidence that you believed the prostitute was of legal age.<\/p>\r\n

Under New York Penal Law Section 230.01<\/a>, it is also an affirmative defense<\/a> if someone compelled you to engage in the act of prostitution. For example, if you are a victim of sex trafficking, your sex crime attorney will demand that the state dismiss the charges.<\/p>\r\n<\/td>\r\n<\/tr>

Statutory definition of patronizing a prostitute (solicitation)<\/th>\r\n

A person patronizes a prostitute when:<\/p>\r\n

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  • Pursuant to a prior understanding, they pay a fee to a sex worker in exchange for sexual conduct.<\/li>\r\n
  • They pay or agree to pay a fee in exchange for a sex act.<\/li>\r\n
  • They solicit or ask another person to engage in sexual conduct with them in return for a fee.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Penalties and sentences<\/th>\r\n