Ask anyone who has been accused of committing a crime. The mere accusation, even if he or she is vindicated later, is a humiliating experience. When one is accused of soliciting a prostitute, technically a violation New York Penal Law section 230.04, Patronizing a Prostitute in the Third Degree, this embarrassment is magnified exponentially. Make no mistake, an arrest for any offense requires a NY criminal defense attorney’s direct attention. However, those in our communities may be more judgmental if they learn a neighbor is accused of Patronizing a Prostitute than if that same neighbor is accused of a more serious “white collar” crime. “Only” an “A” misdemeanor punishable by up to one year in jail, Patronizing a Prostitute in the Third Degree, pursuant to New York Penal Law 230.04 is defined as follows:
A person is guilty of Patronizing a Prostitute in the Third Degree when he or she patronizes a prostitute.
The crime of Patronizing a Prostitute has underlying definitions as well. As set forth in New York Penal Law section 230.02, A person patronizes a prostitute when:
(1)(a) you pay a fee to another person to engage in sexual conduct; or
(1)(b) you pay or agree to pay another person for that person or a third person to engage in sexual conduct with you; or
(1)(c) you solicit or request another person to engage in sexual conduct with you 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.
Although I will not address all of the case law and underlying definitions associated with Patronizing a Prostitute in this entry, I have drafted previous entries discussing what courts deem “sexual conduct” and other relevant information. For further information on the crimes associated with prostitution and escort services in New York, please review the Escort & Prostitution section of the NewYorkCriminalLawyerBlog.Com and the new-york-lawyers.org website.
Saland Law PC is a New York criminal defense firm representing clients throughout the New York City region. Founded by two former Manhattan prosecutors, Saland Law PC is located approximately one block from 100 Centre Street in downtown New York.