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Article 230 - NY Penal Law

PROSTITUTION OFFENSES

Section Offense Class
230.00 Prostitution. B MISD
230.01 Prostitution affirmative defense.  
230.02 Patronizing a person for prostitution; definitions.  
230.03 Prostitution in a school zone. A MISD
230.04 Patronizing a person for prostitution in the third degree. A MISD
230.05 Patronizing a person for prostitution in the second degree. E FELONY
230.06 Patronizing a person for prostitution in the first degree. D FELONY
230.07 Patronizing a person for prostitution; defense.  
230.08 Patronizing a person for prostitution in a school zone. E FELONY
230.10 Prostitution and patronizing a person for prostitution; no defense.  
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.  
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 230.01 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).

 S 230.02 Patronizing a person for prostitution; definitions.
    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.
    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, 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.
  Prostitution in a school zone is a class A misdemeanor.

 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.

 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.

 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.

 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.

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.

 S 230.10 Prostitution and patronizing a person for prostitution; no
             defense.
    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:
    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.

 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.

 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.

 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 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.
    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.

 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 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.
  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 or she 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  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
    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 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.

 S 230.32 Promoting prostitution in the first degree.
    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.
 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 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.

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  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.

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 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.
  Permitting prostitution is a class B misdemeanor.

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