New York has laws against both buying and selling sex.
For more information on prostitution laws generally, see Prostitution.
In New York, a person commits the crime of prostitution by engaging in (or offering or agreeing to engage in) any sex act in return for a fee.
New York’s prostitution law applies only to people who sell sex. People who buy sex can be convicted of patronizing (see below).
Prostitution committed by a person age 19 or older near a school during school hours or where schoolchildren can see the act of prostitution is punished more severely.
(N.Y Pen. Law § § 230.00, 230.03.)
A “john” commits the crime of patronizing prostitution by:
The crime of patronizing prostitution is punished more severely if:
(N.Y Pen. Law § § 230.02, 230.05, 230.06.)
Laws against promoting prostitution (also called pimping or pandering) are aimed at third parties who facilitate or make money from the prostitution of others.
For more information on these crimes in New York, see Pimping and Pandering Laws in New York.
The gender of the buyer and seller are immaterial to charges of prostitution and patronizing under New York’s laws.
It is a defense to a charge of patronizing a prostitute under the age of 14 (or 11) if the defendant did not have reason to believe the prostitute was under the specified age.
(N.Y Pen. Law § § 230.07, 230.10.)
For example, if the prostitute was not advertised as being 13, looked older than 13, and did not tell the “john” that he or she was only 13, this could provide a defense to a charge of patronizing a prostitute under the age of 14.
Prostitution is a class B misdemeanor in New York, punishable by up to three months in jail and a fine of up to $500. Prostitution in a school zone is a class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
Patronizing prostitution is also a class A misdemeanor.
Patronizing a prostitute under the age of 14 is a class E felony, punishable by up to four years in prison and a fine of up to $5,000. Patronizing a prostitute under the age of 11 is a class D felony, punishable by up to seven years’ imprisonment and a fine of up to $5,000.
(N.Y Pen. Law § § 70.00, 70.15, 80.00, 80.05, 230.00, 230.03, 230.04, 230.05, 230.06.)
People convicted of patronizing prostituted children under the age of 17 are required to register as sex offenders in New York.
(N.Y Cor. Law § § 168-A, 168-F.)
The commissioner of education will also revoke the teaching certificate of any teacher required to register as a sex offender.
(N.Y Edn. Law § 305.)
Similar laws may apply to other professional licenses.
Being convicted of prostitution or patronizing can have serious consequences, including time in prison or jail, a fine, and a criminal record. If you are charged with a crime, you should contact a New York criminal defense attorney. An attorney can tell your case is likely to fare in court and help you achieve the best possible outcome.
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