Patronizing a Prostitute
Every criminal accusation can result in stigma or embarrassment. While people are often more accepting of others charged with white collar crimes, those accused of offenses in New York relating to Prostitution, Escort Services, Solicitation or Patronizing a Prostitute often get the short end of the stick. Knowing this unfortunate reality all too well, New York criminal defense attorneys routinely address this problem with clients accused of Third Degree Patronizing a Prostitute, New York Penal Law 230.04. The only thing worse than an accusation that you paid another person for sex is being convicted in a New York criminal court for actually doing so. Whether as a result of a voluntary plea or conviction by a judge or jury, a finding of guilt for Third Degree Patronizing a Prostitute, NY Penal Law 230.04, will haunt you forever.
While Prostitution, pursuant to New York Penal Law section 230.00, is more often associated with women, men are routinely defendants or targets of solicitation crimes and, more specifically, Patronizing a Prostitute. In fact, it is fairly common for the NYPD or other police agency to set up a sting where a female detective approaches a man in a Manhattan or Brooklyn street or a Queens or Bronx bar. Some criminal attorneys can successfully argue entrapment depending the nature of the evidence, but know that even if your defense to violating PL 230.04 is ultimately a strong one, the unfortunate reality is that you are going to be fingerprinted, processed and held to see a judge of the criminal court before you can legally confront your charges.
Beyond these stings, law enforcement, such as investigators with a District Attorney’s Office or New York State Attorney General’s Office, pursue “Johns” and arrest people offering to pay for sex in hotel rooms, luxury apartments and other discrete locations from White Plains in Westchester County to every New York City borough. These stings are usually set up with a fake advertisement on Craigslist, Backpage, and even Reddit or any other advertising forum. Again, regardless of how you were arrested, the crime of Patronizing a Prostitute can stand alone as the sole crime you face or be one of potentially many in the criminal court complaint filed at your arraignment.Elements of the Crime: Understanding NY Penal Law 230.04
In general terms, one is guilty of Patronizing a Prostitute in the Third Degree, NY PL 230.04, when one solicits or pays another to engage in sexual conduct. You should have no misunderstanding of the criminal law. The statute, and crime, is satisfied by mere solicitation and you need not complete the actual payment nor consummate the sexual relationship regardless of how brief it may be. Patronizing a Prostitute in the Third Degree is a class "A" misdemeanor punishable by up to one year in jail. Compounding matters, if the alleged prostitute is under the age of 14 or 11, you will face the "E" or "D" felony charges of New York Penal Law sections 230.05 and 230.06 respectively. Patronizing a Prostitute in the Second Degree is punishable by up to four years in prison while Patronizing a Prostitute in the First Degree is punishable by up to seven years in state prison.
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Humiliation, loss of employment, community ridicule and a criminal conviction are some of the greatest fears many people contend with when charged with a crime. When the arrest is for offering to pay money or in fact paying money for sex, all of these fears can come to fruition if your criminal case is not managed properly. Can you avoid a conviction for PL 230.04? Can you minimize your exposure directly and collaterally after an accusation of Third Degree Patronizing a Prostitute? While your defense may be relatively easy or quite difficult to identify and implement, know that there is no substitute for knowledge, experience and advocacy.
When your life is in disarray, the criminal lawyers and former Manhattan prosecutors at Saland Law are at the ready to lead your through your dire circumstances.
Call the Prostitution and Escort crimes defense lawyers and former prosecutors at (212) 312-7129 or contact us online today.