new york state laws: prostitution offenses

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PROSTITUTION OFFENSES - Suffolk County

Section 230.00 Prostitution - Suffolk County 

 A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

 Prostitution is a class B Misdemeanor.
 

Section 230.02 Patronizing a prostitute;  definitions - Suffolk County

 1. A person patronizes a prostitute when:

  (a) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him;  or

  (b) He pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him;  or

  (c) He solicits or requests another person to engage in sexual conduct with him 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.
 

Section 230.03 Patronizing a prostitute in the fourth degree - Suffolk County

 A person is guilty of patronizing a prostitute in the fourth degree when he patronizes a prostitute.

 Patronizing a prostitute in the fourth degree is a class B misdemeanor.
 

Section 230.04 Patronizing a prostitute in the third degree - Suffolk County

 A person is guilty of patronizing a prostitute in the third degree when, being over twenty-one years of age, he patronizes a prostitute and the person patronized is less than seventeen years of age.

 Patronizing a prostitute in the third degree is a class A misdemeanor.
 

Section 230.05 Patronizing a prostitute in the second degree - Suffolk County

 A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age.

 Patronizing a prostitute in the second degree is a class E felony.
 

Section 230.06 Patronizing a prostitute in the first degree - Suffolk County

 A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age.

 Patronizing a prostitute in the first degree is a class D felony.
 

Section 230.07 Patronizing a prostitute;  defense - Suffolk County

 In any prosecution for patronizing a prostitute in the first, second or third degrees, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.
 

Section 230.10 Prostitution and patronizing a prostitute;  no defense - Suffolk County

 In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

 1. Such persons were of the same sex;  or

 2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.
 

Section 230.15 Promoting prostitution;  definitions of terms - Suffolk County

 The following definitions are applicable to this article:

 1. "Advance prostitution."  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. "Profit from prostitution."  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.
 

Section 230.20 Promoting prostitution in the fourth degree - Suffolk County

 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.
 

Section 230.25 Promoting prostitution in the third degree - Suffolk County

 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.
 

Section 230.30 Promoting prostitution in the second degree - Suffolk County

 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.
 

Section 230.32 Promoting prostitution in the first degree - Suffolk County

 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.
 

Section 230.33. Compelling prostitution - Suffolk County
 A person is guilty of compelling prostitution when, being twenty-one years of age or older, he or she knowingly advances prostitution by compelling a person less than sixteen years old, by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.


Section 230.35 Promoting prostitution;  accomplice - Suffolk County

In a prosecution for promoting prostitution or compelling prostitution, a person less than seventeen years of age from whose prostitution activity another person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice.
 

Section 230.40 Permitting prostitution - Suffolk County

 A person is guilty of permitting prostitution when, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use.

 Permitting prostitution is a class B misdemeanor.

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