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Article 230 - NY Penal Law

PROSTITUTION OFFENSES

Section Offense Class
230.00 Prostitution. B MISD
230.01 Prostitution affirmative defense. * 1/19/2016
230.02 Patronizing a prostitute; definitions. * 1/19/2016
230.03 Prostitution in a school zone. A MISD
230.04 Patronizing a prostitute in the third degree. A MISD
230.05 Patronizing a prostitute in the second degree. E FELONY
230.06 Patronizing a prostitute in the first degree. D FELONY
230.07 Patronizing a prostitute; defense. * 1/19/2016
230.08 Patronizing a person for prostitution in a school zone. E FELONY
230.10 Prostitution and patronizing a prostitute; no defense. * 1/19/2016
230.11 Aggravated patronizing a minor for prostitution in the third degree. E FELONY
230.12 Aggravated patronizing a minor for prostitution in the second degree. D FELONY
230.13 Aggravated patronizing a minor for prostitution in the first degree. B FELONY
230.15 Promoting prostitution; definitions of terms. * 1/19/2016
230.19 Promoting prostitution in a school zone. E FELONY
230.20 Promoting prostitution in the fourth degree. A MISD
230.25 Promoting prostitution in the third degree. D FELONY
230.30 Promoting prostitution in the second degree. C FELONY
230.32 Promoting prostitution in the first degree. B FELONY
230.33 Compelling prostitution. B FELONY
230.34 Sex Trafficking. B FELONY
230.35 Promoting or compelling prostitution; accomplice. * 1/19/2016
230.36 Sex Trafficking: accomplice.  
230.40 Permitting prostitution. B MISD
S 230.00 Prostitution.
  A person is guilty of prostitution when such person engages or agrees
or offers to engage in sexual conduct with another person in return for
a fee.
  Prostitution is a class B Misdemeanor.

* S 230.01 Prostitution; affirmative defense.
    In any prosecution under section 230.00, section 230.03 or subdivision
  two  of  section  240.37 of this part, it is an affirmative defense that
  the defendant's participation in the offense was a result of having been
  a victim of compelling prostitution under section 230.33,  a  victim  of
  sex  trafficking  under  section  230.34  of this article or a victim of
  trafficking in persons under  the  trafficking  victims  protection  act
  (United States Code, Title 22, Chapter 78).
    * NB Effective January 19, 2016

* S 230.02 Patronizing a prostitute; definitions.
   * NB Effective until January 19, 2016
* Patronizing a person for prostitution; definitions.
   * NB Effective January 19, 2016
   * 1. A person patronizes a prostitute when:
   (a) Pursuant to a prior understanding, he pays a fee to another person
 as  compensation  for  such  person  or a third person having engaged in
 sexual conduct with him; or
   (b) He pays or agrees to pay a fee to another person  pursuant  to  an
 understanding that in return therefor such person or a third person will
 engage in sexual conduct with him; or
   (c) He solicits or requests another person to engage in sexual conduct
 with him in return for a fee.
   * NB Effective until January 19, 2016
   *1. A person patronizes a person for prostitution when:
   (a) Pursuant to a prior understanding, he or she pays a fee to another
 person  as compensation for such person or a third person having engaged
 in sexual conduct with him or her; or
   (b) He or she pays or agrees to pay a fee to another  person  pursuant
 to  an  understanding  that  in  return  therefor such person or a third
 person will engage in sexual conduct with him or her; or
   (c) He or she solicits or requests another person to engage in  sexual
 conduct with him or her in return for a fee.
   * NB Effective January 19, 2016
   2.  As  used  in  this  article,  "person who is patronized" means the
 person with whom the defendant engaged in sexual conduct or was to  have
 engaged  in  sexual conduct pursuant to the understanding, or the person
 who was solicited or requested by the  defendant  to  engage  in  sexual
 conduct.

S 230.03 Prostitution in a school zone.
1.  A  person  is  guilty of prostitution in a school zone when, being
nineteen years of age or older, and acting during the hours that  school
is  in session, he or she commits the crime of prostitution in violation
of section 230.00 of this article at a place that he or  she  knows,  or
reasonably  should  know,  is  in a school zone, and he or she knows, or
reasonably should know, that such act  of  prostitution  is  within  the
direct view of children attending such school.
  *  2.  For  the  purposes  of  this section and section 230.19 of this
article, "school zone" means (a)  in  or  on  or  within  any  building,
structure,  athletic  playing field, playground or land contained within
the real property boundary line  of  a  public  or  private  elementary,
parochial, intermediate, junior high, vocational, or high school, or (b)
any  public  sidewalk,  street, parking lot, park, playground or private
land, located immediately adjacent to the boundary line of such school.
  * NB Effective until January 19, 2016
  * 2. For the purposes of this  section,  section  230.08  and  section
230.19  of  this article, "school zone" means (a) in or on or within any
building,  structure,  athletic  playing  field,  playground   or   land
contained  within the real property boundary line of a public or private
elementary, parochial, intermediate, junior high,  vocational,  or  high
school,   or  (b)  any  public  sidewalk,  street,  parking  lot,  park,
playground or private land, located immediately adjacent to the boundary
line of such school.
  * NB Effective January 19, 2016
  Prostitution in a school zone is a class A misdemeanor.

* S 230.04 Patronizing a prostitute in the third degree.
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.
  * NB Effective until January 19, 2016
* S 230.04 Patronizing a person for prostitution in the third degree.
  A person is guilty of patronizing a person  for  prostitution  in  the
third degree when he or she patronizes a person for prostitution.
  Patronizing a person for prostitution in the third degree is a class A
misdemeanor.
  * NB Effective January 19, 2016

* S 230.05 Patronizing a prostitute in the second degree.
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.
  * NB Effective until January 19, 2016
* S 230.05 Patronizing a person for prostitution in the second degree.
  A  person  is  guilty  of patronizing a person for prostitution in the
second degree when,  being  eighteen  years  old  or  more,  he  or  she
patronizes  a  person for prostitution and the person patronized is less
than fifteen years old.
  Patronizing a person for prostitution in the second degree is a  class
E felony.
  * NB Effective January 19, 2016

* S 230.06 Patronizing a prostitute in the first degree.
  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.
  * NB Effective until January 19, 2016
* S 230.06 Patronizing a person for prostitution in the first degree.
  A  person  is  guilty  of patronizing a person for prostitution in the
first degree when:
  1. He or she patronizes a  person  for  prostitution  and  the  person
patronized is less than eleven years old; or
  2. Being eighteen years old or more, he or she patronizes a person for
prostitution and the person patronized is less than thirteen years old.
  Patronizing a person for prostitution in the first degree is a class D
felony.
  * NB Effective January 19, 2016

* S 230.07 Patronizing a prostitute; defense.
  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.
  * NB Effective until January 19, 2016
* S 230.07 Patronizing a person for prostitution; defense.
  In any prosecution for patronizing a person for  prostitution  in  the
first  or  second  degrees or patronizing a person for prostitution in a
school zone, it is a defense that the defendant did not have  reasonable
grounds to believe that the person was less than the age specified.
  * NB Effective January 19, 2016

* S 230.08 Patronizing a person for prostitution in a school zone.
  1.  A  person  is guilty of patronizing a person for prostitution in a
school zone when,  being  twenty-one  years  old  or  more,  he  or  she
patronizes  a  person for prostitution and the person patronized is less
than eighteen years old at a place that he or she knows,  or  reasonably
should know, is in a school zone.
  2.  For  purposes  of  this  section, "school zone" shall mean "school
zone" as defined in subdivision two of section 230.03 of this article.
  Patronizing a person for prostitution in a school zone is  a  class  E
felony.
  * NB Effective January 19, 2016

* S 230.10 Prostitution and patronizing a prostitute; no defense.
  * NB Effective until January 19, 2016
* Prostitution and patronizing a person for prostitution; no defense.
  * NB Effective January 19, 2016
  *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:
  * NB Effective until January 19, 2016
  *In any prosecution for  prostitution  or  patronizing  a  person  for
prostitution,  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:
  * NB Effective January 19, 2016
  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.

* S 230.11 Aggravated patronizing a minor for prostitution in the third
           degree.
  A person is guilty of aggravated patronizing a minor for  prostitution
in  the third degree when, being twenty-one years old or more, he or she
patronizes a person for prostitution and the person patronized  is  less
than seventeen years old and the person guilty of patronizing engages in
sexual  intercourse,  oral  sexual  conduct,  anal  sexual  conduct,  or
aggravated sexual conduct as those terms are defined in  section  130.00
of this part, with the person patronized.
  Aggravated patronizing a minor for prostitution in the third degree is
a class E felony.
  * NB Effective January 19, 2016

* S 230.12 Aggravated patronizing a minor for prostitution in the second
           degree.
  A  person is guilty of aggravated patronizing a minor for prostitution
in the second degree when, being eighteen years old or more, he  or  she
patronizes  a  person for prostitution and the person patronized is less
than fifteen years old and the person guilty of patronizing  engages  in
sexual  intercourse,  oral  sexual  conduct,  anal  sexual  conduct,  or
aggravated sexual conduct as those terms are defined in  section  130.00
of this part, with the person patronized.
  Aggravated  patronizing  a minor for prostitution in the second degree
is a class D felony.
  * NB Effective January 19, 2016

* S 230.13 Aggravated patronizing a minor for prostitution in the first
           degree.
  A person is guilty of aggravated patronizing a minor for  prostitution
in  the first degree when he or she patronizes a person for prostitution
and the person patronized is  less  than  eleven  years  old,  or  being
eighteen  years  old  or  more,  he  or  she  patronizes  a  person  for
prostitution and the person patronized is less than thirteen years  old,
and the person guilty of patronizing engages in sexual intercourse, oral
sexual  conduct,  anal  sexual  conduct, or aggravated sexual conduct as
those terms are defined in section 130.00 of this part, with the  person
patronized.
  Aggravated patronizing a minor for prostitution in the first degree is
a class B felony.
  * NB Effective January 19, 2016

* S 230.15  Promoting prostitution; definitions of terms.
  The following definitions are applicable to this article:
 *  1.  "Advance  prostitution." A person "advances prostitution" when,
acting other than as a prostitute or as a patron thereof,  he  knowingly
causes or aids a person to commit or engage in prostitution, procures or
solicits  patrons  for  prostitution,  provides  persons or premises for
prostitution purposes, operates or assists in the operation of  a  house
of  prostitution  or  a prostitution enterprise, or engages in any other
conduct designed to institute, aid or facilitate an act or enterprise of
prostitution.
  * NB Effective until January 19, 2016
  * 1. "Advance prostitution." A person  "advances  prostitution"  when,
acting other than as a person in prostitution or as a patron thereof, he
or  she  knowingly  causes  or  aids  a  person  to  commit or engage in
prostitution, procures or solicits patrons  for  prostitution,  provides
persons  or  premises  for prostitution purposes, operates or assists in
the operation of a house of prostitution or a  prostitution  enterprise,
or engages in any other conduct designed to institute, aid or facilitate
an act or enterprise of prostitution.
  * NB Effective January 19, 2016
  *  2. "Profit from prostitution." A person "profits from prostitution"
when, acting other than  as  a  prostitute  receiving  compensation  for
personally  rendered prostitution services, he accepts or receives money
or other property pursuant to an agreement  or  understanding  with  any
person  whereby  he participates or is to participate in the proceeds of
prostitution activity.
  * NB Effective until January 19, 2016
  * 2. ""Profit from prostitution." " A person "profits from  prostitution"
when,   acting   other  than  as  a  person  in  prostitution  receiving
compensation for personally rendered prostitution services,  he  or  she
accepts  or receives money or other property pursuant to an agreement or
understanding with any person whereby he or she participates  or  is  to
participate in the proceeds of prostitution activity.
  * NB Effective January 19, 2016

* S 230.19 Promoting prostitution in a school zone.
  *  1.  A  person  is guilty of promoting prostitution in a school zone
when, being nineteen years of age or older, he or she knowingly advances
or profits from prostitution that he or she knows or  reasonably  should
know  is  or  will  be  committed in violation of section 230.03 of this
article in a school zone during the hours that school is in session.
  * NB Effective until January 19, 2016
  * 1. A person is guilty of promoting prostitution  in  a  school  zone
when,  being nineteen years old or more, he or she knowingly advances or
profits from prostitution that he or she knows or reasonably should know
is or will be committed in violation of section 230.03 of  this  article
in a school zone during the hours that school is in session.
  * NB Effective January 19, 2016
  2.  For  purposes  of  this  section, "school zone" shall mean "school
zone" as defined in subdivision two of section 230.03 of this article
Promoting prostitution in a school zone is a class E felony.

S 230.20 Promoting prostitution in the fourth degree.
  A person is guilty of promoting prostitution in the fourth degree when
he or she knowingly:
  1. Advances or profits from prostitution; or
  2.  With intent to advance or profit from prostitution, distributes or
disseminates to ten or more people in a public place  obscene  material,
as  such terms are defined by subdivisions one and two of section 235.00
of this title, or material that depicts nudity, as such term is  defined
by subdivision one of section 245.10 of this part.
  Promoting prostitution in the fourth degree is a class A misdemeanor.

* S 230.25 Promoting prostitution in the third degree.
  *  A  person  is  guilty of promoting prostitution in the third degree
when he knowingly:
  * NB Effective until January 19, 2016
  * A person is guilty of promoting prostitution  in  the  third  degree
when he or she knowingly:
  * NB Effective January 19, 2016
  *  1.  Advances or profits from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity  by  two  or more prostitutes, or a business that
sells travel-related services knowing that such services include or  are
intended   to  facilitate  travel  for  the  purpose  of  patronizing  a
prostitute, including to a foreign jurisdiction and  regardless  of  the
legality of prostitution in said foreign jurisdiction; or
  * NB Effective until January 19, 2016
  *  1.  Advances or profits from prostitution by managing, supervising,
controlling or owning, either alone or in  association  with  others,  a
house of prostitution or a prostitution business or enterprise involving
prostitution  activity  by  two  or  more  persons in prostitution, or a
business that sells travel-related services knowing that  such  services
include  or  are  intended  to  facilitate  travel  for  the  purpose of
patronizing  a  person  for  prostitution,  including   to   a   foreign
jurisdiction  and  regardless  of  the  legality of prostitution in said
foreign jurisdiction; or
  * NB Effective January 19, 2016
  2. Advances or  profits  from  prostitution  of  a  person  less  than
nineteen years old.
Promoting prostitution in the third degree is a class D felony.

* S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he knowingly:
  1.   Advances   prostitution  by  compelling  a  person  by  force  or
intimidation to engage in prostitution, or profits  from  such  coercive
conduct by another; or
  2. Advances or profits from prostitution of a person less than sixteen
years old.
  Promoting prostitution in the second degree is a class C felony.
  * NB Effective until January 19, 2016
* S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he or she knowingly:
  1.   Advances   prostitution  by  compelling  a  person  by  force  or
intimidation to engage in prostitution, or profits  from  such  coercive
conduct by another; or
  2.  Advances  or  profits  from  prostitution  of  a  person less than
eighteen years old.
  Promoting prostitution in the second degree is a class C felony.
  * NB Effective January 19, 2016

* S 230.32 Promoting prostitution in the first degree.
   *  A  person  is  guilty of promoting prostitution in the first degree
 when he knowingly advances or profits from prostitution of a person less
 than eleven years old.
   * NB Effective until January 19, 2016
   * A person is guilty of promoting prostitution  in  the  first  degree
 when he or she:
   1.  knowingly  advances  or profits from prostitution of a person less
 than thirteen years old; or
   2. being twenty-one years old or more, he or she knowingly advances or
 profits from prostitution of a person less than fifteen years old.
   * NB Effective January 19, 2016
 Promoting prostitution in the first degree is a class B felony.

* S 230.33 Compelling prostitution.
   A  person  is guilty of compelling prostitution when, being twenty-one
 years of age or older, he or  she  knowingly  advances  prostitution  by
 compelling   a   person  less  than  sixteen  years  old,  by  force  or
 intimidation, to engage in prostitution.
   Compelling prostitution is a class B felony.
   * NB Effective until January 19, 2016
 * S 230.33 Compelling prostitution.
   A person is guilty of compelling  prostitution  when,  being  eighteen
 years  old  or  more,  he  or  she  knowingly  advances  prostitution by
 compelling  a  person  less  than  eighteen  years  old,  by  force   or
 intimidation, to engage in prostitution.
   Compelling prostitution is a class B felony.
   * NB Effective January 19, 2016

S 230.34 Sex trafficking.
  A  person  is  guilty  of  sex  trafficking if he or she intentionally
  advances or profits from prostitution by:
    1. unlawfully providing to a person who is patronized, with intent  to
  impair  said  person's  judgment:  (a)  a  narcotic  drug  or a narcotic
  preparation; (b) concentrated cannabis as defined in  paragraph  (a)  of
  subdivision  four  of  section  thirty-three  hundred  two of the public
  health  law;  (c)  methadone;  or  (d)  gamma-hydroxybutyrate  (GHB)  or
  flunitrazepan, also known as Rohypnol;
    2.  making  material  false statements, misstatements, or omissions to
  induce or maintain the person being patronized to engage in or  continue
  to engage in prostitution activity;
    3.  withholding,  destroying,  or confiscating any actual or purported
  passport,  immigration  document,  or  any  other  actual  or  purported
  government  identification  document  of  another  person with intent to
  impair said person's freedom of movement; provided, however,  that  this
  subdivision  shall  not apply to an attempt to correct a social security
  administration record or immigration agency record  in  accordance  with
  any  local,  state, or federal agency requirement, where such attempt is
  not made for the purpose of any express or implied threat;
    4. requiring that prostitution  be  performed  to  retire,  repay,  or
  service a real or purported debt;
    5. using force or engaging in any scheme, plan or pattern to compel or
  induce the person being patronized to engage in or continue to engage in
  prostitution  activity by means of instilling a fear in the person being
  patronized that, if the demand  is  not  complied  with,  the  actor  or
  another will do one or more of the following:
    (a)  cause  physical  injury,  serious  physical injury, or death to a
  person; or
    (b) cause damage to property, other than the property of the actor; or
    (c)  engage  in  other  conduct  constituting  a  felony  or  unlawful
  imprisonment in the second degree in violation of section 135.05 of this
  chapter; or
    (d)  accuse  some  person  of  a  crime  or  cause criminal charges or
  deportation proceedings to be instituted against some person;  provided,
  however,  that  it  shall  be an affirmative defense to this subdivision
  that the defendant reasonably believed the threatened charge to be  true
  and  that  his or her sole purpose was to compel or induce the victim to
  take reasonable action to make good the wrong which was the  subject  of
  such threatened charge; or
    (e)  expose  a  secret  or publicize an asserted fact, whether true or
  false, tending to subject some person to hatred, contempt  or  ridicule;
  or
    (f)   testify   or   provide  information  or  withhold  testimony  or
  information with respect to another's legal claim or defense; or
    (g) use or abuse his or her position as a public servant by performing
  some act within or related to his or her official duties, or by  failing
  or  refusing  to  perform  an official duty, in such manner as to affect
  some person adversely; or
    (h) perform any other act which would not in itself materially benefit
  the actor but which is calculated to harm the person who  is  patronized
  materially  with  respect  to  his or her health, safety, or immigration
  status.
     Sex trafficking is a class B felony.

* S 230.35 Promoting or compelling prostitution; accomplice.
  In   a   prosecution   for   promoting   prostitution   or  compelling
prostitution, a person less than  seventeen  years  of  age  from  whose
prostitution  activity  another  person  is  alleged to have advanced or
attempted to advance or profited or attempted to  profit  shall  not  be
deemed to be an accomplice.
  * NB Effective until January 19, 2016
* S 230.35 Promoting or compelling prostitution; accomplice.
  In   a   prosecution   for   promoting   prostitution   or  compelling
prostitution,  a  person  less  than  eighteen  years  old  from   whose
prostitution  activity  another  person  is  alleged to have advanced or
attempted to advance or profited or attempted to  profit  shall  not  be
deemed to be an accomplice.
  * NB Effective January 19, 2016

S 230.36 Sex trafficking; accomplice.
    In a prosecution for sex trafficking, a person from whose prostitution
activity another person is alleged  to have advanced or attempted to
advance or profited or attempted to profit shall not be deemed to be an
accomplice.

* S 230.40 Permitting prostitution.
  *   A  person  is  guilty  of  permitting  prostitution  when,  having
possession or control of premises which he  knows  are  being  used  for
prostitution  purposes,  he  fails  to make reasonable effort to halt or
abate such use.
  * NB Effective until January 19, 2016
  *  A  person  is  guilty  of  permitting  prostitution  when,   having
possession  or  control of premises or vehicle which he or she knows are
being used for prostitution purposes or for  the  purpose  of  advancing
prostitution, he or she fails to make reasonable effort to halt or abate
such use.
  * NB Effective January 19, 2016
  Permitting prostitution is a class B misdemeanor.

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