Prostitution Laws in New York

New York's prostitution law applies to people who sell or offer to sell sex. People who want to buy the services of a prostitute can be convicted of patronizing. Another set of laws applies to individuals who recruit prostitutes (pandering) and those who take a cut of a prostitute's earnings (pimping).

This article will review New York's laws on prostitution, patronizing a prostitute, and promoting prostitution.

Prostitution Crimes in New York

In New York, a person commits the crime of prostitution by engaging or offering to engage in any sex act for a fee. Prostitution is a class B misdemeanor.

Prostitution in a School Zone

Prostitution committed by a person age 19 or older near a school during school hours or where school children can see the act of prostitution is a class A misdemeanor.

Affirmative Defense to Prostitution

The law provides an affirmative defense to prostitution charges if the person was a victim of sex trafficking or was forced into prostitution.

(N.Y. Penal Law §§ 230.00, 230.01, 230.03 (2022).)

Patronizing Crimes in New York

A person (sometimes called a "john" or "patron") commits the crime of patronizing prostitution by:

• paying a fee with an understanding that it's compensation for sexual conduct
• paying (or agreeing to pay) a fee with an understanding that, in return, the person (or a third person) will engage in sexual conduct with the defendant, or
• soliciting or requesting that another engage in sexual conduct for a fee.

Penalties for Patronizing a Prostitute

Penalties for patronizing a prostitute range from a class A misdemeanor to a class D felony, depending on the age of the defendant and victim. If the prostitute was an adult, class A misdemeanor penalties apply. A patron will face felony penalties if:

• the defendant was 18 or older and the victim was younger than 15
• the defendant was 21 or older and patronized a victim younger than 18 in a school zone, or
• the victim was younger than 11.

Penalties for Aggravated Patronizing a Minor (Sexual Conduct)

If the sexual conduct occurred and the victim was a minor, a patron faces a class B, D, or E felony based on the following factors:

• the defendant was 21 or older and the victim was younger than 17 (class E felony)
• the defendant was 18 or older and the victim was younger than 15 (class D felony)
• the defendant was 18 or older and the victim was younger than 13 (class B felony), or
• the victim was younger than 11 (class B felony).

(N.Y Penal Law §§ 230.02, 230.05, 230.06, 230.08, 230.11, 230.12, 230.13 (2022).)

Promoting Prostitution Crimes in New York

Laws against promoting prostitution (also called pimping or pandering) are aimed at third parties who facilitate or make money from the prostitution of others. Penalties for these crimes start as class A misdemeanors. However, felony penalties apply when victims are younger than 19, as follows:

• the defendant was 21 or older and the victim was younger than 15 (class B felony)
• the victim was younger than 13 (class B felony)
• the victim was younger than 18 or the defendant used force or coercion (class C felony)
• the victim was younger than 19 (class D felony), or
• the defendant was 19 or older and promoted prostitution in a school zone (class E felony).

Sex trafficking and compelling prostitution by force or intimidation are also both class B felonies.

Sex Offender Registration for Patronizing and Promoting Prostitution

People convicted of patronizing or promoting prostituted children younger than 17 are required to register as sex offenders in New York.

(N.Y Corr. Law §§ 168-A, 168-F (2022).)

Getting Advice and Legal Counsel

Being convicted of prostitution, patronizing, or promoting prostitution 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.