New York Law

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

Article 230 - NY Penal Law

PROSTITUTION OFFENSES
230.00 Prostitution. B MISD
230.02 Patronizing a prostitute; definitions.
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.
230.10 Prostitution and patronizing a prostitute; no defense.
230.15 Promoting prostitution; definitions of terms.
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. 
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 230.02 Patronizing a prostitute; definitions.
  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 therefore 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.
  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.
  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.

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.

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.

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.

S 230.10 Prostitution and patronizing a prostitute; no defense.
  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:
  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 230.15  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.
  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.

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.
  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:
  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
  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.

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.
  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.

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.

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.
  Permitting prostitution is a class B misdemeanor.

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