You have an apartment that you rent, but do not reside in. You know your tenant is seeing clients in the apartment and offering and/or engaging in some form of Prostitution or escort related service. Maybe you were unaware when your tenant signed the lease, but now that you know you have made no attempts to stop it. In the alternative, you assisted setting up an apartment where you absolutely know Prostitution, or some sexual conduct will occur there. Maybe you get a “cut” of the money or maybe you don’t get any of the illegal proceeds associated with Prostitution as defined by the New York criminal law. Either way, you may be guilty of a crime even though you are not personally engaged in the Prostitution itself, but merely permit it to occur in your apartment, home, or other premises without making attempts to stop it.
According to New York State Penal Law 230.40, you are guilty of Permitting Prostitution, when you have possession or control of a premises and know it is being used for Prostitution purposes. Of significant import, and something you should be aware of even if you have no interest in facilitating any Prostitution related activities, the Penal Law of the State of New York does not mandate you must be an accomplice or take affirmative steps to further Prostitution, but only fail to make reasonable efforts to halt or cease the use of your home, apartment, etc., for Prostitution. In other words, the Manhattan District Attorney, Queens District Attorney, the NYS Attorney General or any other prosecutorial office need not prove beyond a reasonable doubt that you acted in concert to aid and abet any sex trafficking type crime whether consensual or otherwise. Your criminal attorney experienced in New York Prostitution laws will explain the difference between the accomplice liability and mere knowledge when it comes to facilitating Prostitution for the purpose of NY PL 230.40.
Permitting Prostitution is a class “B” misdemeanor punishable by up to 90 days county or city jail. The former facilities are, for example, the Westchester County Jail and the Rockland County Jail while the latter is Rikers Island for a conviction in any of New York City’s five boroughs. Although Permitting Prostitution is not a felony offense, it is possible that your conduct may rise to the level of Promoting Prostitution if your actions are not that much more significant. If your actions are punishable as Promoting Prostitution, you may face not only a felony, but mandatory state prison of up to 25 years.
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It should be overwhelming clear that if you are involved in any Prostitution related crimes or activities in New York City or the Hudson Valley, the New York State Police, County Police, District Attorney Investigators, NYPD, or any law enforcement body is not wasting their time and dollars if they did not view your conduct significant. Whether you are being investigated or have been arrested, you need an experienced criminal defense attorney versed in New York Prostitution crimes. From representing you to best challenge the allegations or to minimize your exposure, the value of knowledgeable counsel cannot be overstated.
Don’t compound an already bad situation by hiring inexperienced counsel. As a former prosecutors in the Manhattan District Attorney’s Office, the New York criminal defense attorneys at Saland Law know that when your rights, liberty and integrity are all on the line, there is no substitute for knowledge, experience and advocacy.
Call the Prostitution and Escort crimes defense lawyers and former prosecutors at (212) 312-7129 or contact us online today.