By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024
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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 laws target several offenses stemming from the prohibited act of engaging or offering to engage in a sex act in exchange for a fee.
Prostitution laws generally ban the promotion of prostitution (also called pandering or pimping), solicitation of prostitution, 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.
If you're facing prostitution charges or a related sex crime, you should familiarize yourself with New York's Penal Code. 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.
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.
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.
In New York, prostitution 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.
| Statute | New York Penal Code Article 230, et seq. |
|---|---|
| Statutory definition of prostitution | A person commits the act of prostitution when they engage in or offer to engage in sexual conduct in exchange for something of value. |
| Defenses to prostitution charges | 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. Under New York Penal Law Section 230.01, it is also an affirmative defense 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. |
| Statutory definition of patronizing a prostitute (solicitation) | A person patronizes a prostitute when:
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| Penalties and sentences |
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Note: State laws are constantly changing. Contact a New York criminal defense attorney or conduct legal research to verify your state laws.
A person is guilty of promoting prostitution in the fourth degree when they knowingly advance or profit from prostitution. Most people are familiar with the act of "pimping." This is what promoting prostitution is. It also applies to people who maintain a brothel or house of prostitution.
A person acting other than as a prostitute or patron "advances prostitution" when they do any of the following:
Compelling prostitution happens when someone who is 21 or older compels someone under 16 to engage in the act of prostitution.
The state can charge someone with permitting prostitution when they allow others to engage in the crime of prostitution on their property. The prosecutor must only prove that the defendant failed to make a reasonable effort to stop the prostitution and illegal acts.
If law enforcement catches you engaging in a prostitution offense in or near a school zone, they will arrest you and charge you with a Class A misdemeanor.
The state must only prove that you knew (or should have known) that you were in a school zone and that sexual acts would take place within the view of children.
According to New York Penal Law Section 40.05, entrapment is an affirmative defense to any criminal charge. As it relates to prostitution-related offenses, your attorney can raise this defense, but it is hard to prove.
To successfully cite entrapment as a defense, you must show that a police officer or any member of law enforcement induced or encouraged you to engage in the criminal act. It is not enough that law enforcement provided the opportunity for you to engage in a prostitution offense.
If you're a prostitute, pimp, or patron (john), New York can charge you with a prostitution-related offense. You have the right to defend yourself against these criminal charges. It's a good idea to contact a local sex crime lawyer to talk about your prostitution case and start crafting your defense strategy.
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