The various sections of the criminal code addressing Promoting Prostitution, pursuant to New York Penal Law sections 230.20, 230.25, 230.30 and 230.32, set forth some of the most serious crimes relating to Prostitution (Penal Law 230.00) in New York State. As a former Manhattan prosecutor and criminal defense attorney who has prosecuted offenders and represented those accused of Prostitution related offenses, I have seen these statutes in action. While the reasons why and the logic behind the severity in which these crimes are pursued by law enforcement is a discussion for another day, it should be overwhelmingly clear to anyone who may be involved in these crimes – the NYPD and the District Attorney’s Offices throughout New York City take these offenses very seriously.
Dealing specifically with the crime of Promoting Prostitution, this blog entry will address each degree of this offense and the potential punishment associated with the crimes. Before doing so, however, you need to have a basic understanding of some terms as follows:
1. 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. 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.
The charges of Promoting Prostitution can be found after the jump…
Section 230.20 Promoting Prostitution in the Fourth Degree
A person is guilty of promoting prostitution in the fourth degree when he knowingly advances or profits from prostitution.
Promoting Prostitution in the Fourth Degree is a class A misdemeanor punishable by up to one year in jail (Rikers).
Section 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
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 punishable by up to seven years in prison.
Section 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 punishable by up to fifteen years in prison.
Section 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 punishable by up to twenty five years in prison.
Whether you are an escort, high end call girl, or a woman working the streets, the potential crimes that you face are the same. That is, you will face the charge of Prostitution. However, if you work in other capacities, advance or profit from prostitution or you are involved in other criminal enterprises associated with those crimes, then you may face the much more serious charges. Whether those crimes are Promoting Prostitution, Money Laundering or Enterprise Corruption, you will need experienced criminal defense attorneys who will be able to protect your rights, freedom and integrity. Crotty Saland PC, is ready to do just that.