New York Prostitution Lawyer

An arrest or potential conviction for prostitution-related charges can be tough. You may wonder where to turn for help, worry about potential financial burdens, and the impact on your personal and professional reputation.

At the Law Offices of Mehdi Essmidi, we understand the sensitive nature of prostitution-related charges and the importance of having experienced legal representation at your side.

As a former New York City prosecutor, attorney Mehdi Essmidi has a close understanding of the prosecution’s strategies, which enables him to build strong defenses tailored to each client with professionalism and confidentiality. Contact us for a free consultation.

Prostitution Under New York Penal Law

The New York Penal Law § 230 outlines prostitution-related offenses, each with penalties and potential consequences.

Prostitution

Prostitution charges involve engaging, agreeing, or offering to engage in sexual activity with another person in exchange for a fee, which carries fines, probation, and even imprisonment. Being charged with prostitution-related crimes can result in a criminal record if convicted.

Patronizing a Person for Prostitution

Patronizing a prostitute, often called “solicitation,” involves paying or agreeing to pay another person for sexual conduct. Laws related to patronizing a person for prostitution specify different penalties based on the ages of those involved and where it happened.

Promoting Prostitution

New York Law defines various degrees of promoting prostitution. At its core, a person advances prostitution when they knowingly facilitate or aid another person to engage in prostitution. This includes activities like operating brothels or soliciting clients for prostitutes.

A separate distinction, profit from prostitution, involves gaining financially from the act without directly providing the service. More severe penalties are imposed if these actions occur in school zones.

Sex trafficking

The legislation stipulates that an individual might be charged with sex trafficking if they deliberately benefit from or promote prostitution through specific means:

• Administering drugs to impair the judgment of a patronized person
• Providing false information to coerce someone into prostitution
• Confiscating identification to restrict freedom
• Forcing someone into prostitution to settle a debt
• Using threats of physical harm, damage to property, other felonies, legal consequences, public humiliation, or immigration status

If you’re facing any of these charges, seek a New York prostitution attorney to help protect your rights.

Potential Consequences of a Prostitution Conviction

A prostitution conviction can result in serious legal consequences that may affect your life far beyond the initial penalties. Understanding these potential consequences is crucial when facing such charges.

Criminal Penalties

In New York, prostitution (NY Penal Law § 230.00) is typically classified as a Class B misdemeanor that can lead to up to 3 months in jail, up to 1 year probation, and fines of up to $500.

Multiple convictions can lead to harsher sentencing or elevated charges, such as promoting prostitution (a more serious offense). Associated charges like loitering for the purpose of prostitution (§ 240.37) or promoting prostitution (§ 230.20) may carry higher penalties, including felony charges.

Common Defenses Against Prostitution Charges

In prostitution cases, each defense strategy is unique to the individual case and circumstances, and a skilled New York prostitution lawyer can help you evaluate the best approach for your case. Here are common defenses:

Challenging the credibility of witnesses

Involves questioning the reliability and ulterior motives of the people testifying.

They were a victim

Involves demonstrating that the defendant was a victim of compelling prostitution or sex trafficking, accounting for the fact that many individuals involved in prostitution-related offenses are often themselves victims of more severe crimes, like trafficking.

Scrutinizing the evidence’s reliability

Involves closely examining the evidence presented by the prosecution to check for inconsistencies.

Proving a lack of evidence

Involves demonstrating that the prosecution does not have sufficient evidence to prove that solicitation or payment for sexual conduct occurred.

Contact Us for a Free Consultation

If you are facing prostitution-related charges in New York, we offer a free consultation to discuss your case and explore potential defense strategies. Our team understands the complexities of prostitution offenses under the New York Penal Law and the legal penalties that can arise from a conviction.

Whether you are dealing with charges related to engaging in sexual conduct, promoting prostitution, or patronizing a prostitute, our experienced criminal defense attorney can help you face the legal system. Don’t let a prostitution charge define your future. Contact us today to schedule a free consultation.

Frequently Asked Questions

What constitutes prostitution under New York law?

In New York, prostitution is defined as engaging, agreeing, or offering to engage in sexual conduct with another person in exchange for a fee (New York Penal Law § 230.00). A prostitution charge doesn’t require the act to be completed—just the agreement. It is typically a Class B misdemeanor, but related offenses like promoting prostitution or patronizing a prostitute can carry more serious penalties. If you’re facing such charges, it’s best to speak with a New York prostitution lawyer to understand your rights.

Can you go to jail for prostitution charges in NY?

Yes, you can be sentenced to jail for prostitution-related charges in New York. The amount of time can range from months to years, depending on the specific circumstances of your case and the charges you are facing.

What’s the difference between prostitution and promoting prostitution?

A prostitution offense includes engaging, agreeing, or offering to engage in sexual activity with another person in exchange for a fee. On the other hand, promoting prostitution involves facilitating or profiting from prostitution. Promoting prostitution can include running a brothel, pimping, or advertising prostitution services.

What are the penalties for prostitution in New York?

Prostitution charges range from a class B misdemeanor for basic offenses to more serious charges such as promoting prostitution, which can be a class D, C, or B felony, depending on aggravating factors. 

How does a prior record affect a current prostitution case?

A previous criminal record—especially for similar offenses—can influence how prosecutors pursue the case. First-time offenders may qualify for diversion programs, while repeat offenses often carry harsher penalties.

What factors can elevate prostitution to a felony offense?

Factors include prove of force or coercion, involvement of minors, operating a prostitution ring, and sex trafficking.

How does the prosecution prove patronizing a prostitute?

The prosecution must show that the defendant agreed to and/or paid a fee for sexual services, often using evidence from undercover officers, communications, or witness testimony. Without clear proof, a conviction is harder to obtain.

What if I patronized a person for prostitution near a school zone, but they were not a minor?

In New York, patronizing a prostitute near a school zone can still carry enhanced legal penalties, even if the individual involved was not a minor. Under the New York Penal Law, certain prostitution-related crimes—including patronizing prostitution or engaging in sexual conduct for a fee—may be elevated when they occur within a certain distance of a school or private elementary school property.

Although the offense might ordinarily be a Class B misdemeanor, committing the act in a protected area, such as a school zone, could lead to more severe charges, including a Class A misdemeanor.