S 230.00 Prostitution.
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.
S 230.02 Patronizing a prostitute; definitions.
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 therefore 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.
S 230.03 Prostitution in a school zone.
1. A person is guilty of prostitution in a school zone when, being
nineteen years of age or older, and acting during the hours that school
is in session, he or she commits the crime of prostitution in violation
of section 230.00 of this article at a place that he or she knows, or
reasonably should know, is in a school zone, and he or she knows, or
reasonably should know, that such act of prostitution is within the
direct view of children attending such school.
2. For the purposes of this section and section 230.19 of this
article, “school zone” means (a) in or on or within any building,
structure, athletic playing field, playground or land contained within
the real property boundary line of a public or private elementary,
parochial, intermediate, junior high, vocational, or high school, or (b)
any public sidewalk, street, parking lot, park, playground or private
land, located immediately adjacent to the boundary line of such school.
Prostitution in a school zone is a class A misdemeanor.
S 230.04 Patronizing a prostitute in the third degree.
A person is guilty of patronizing a prostitute in the third degree
when he or she patronizes a prostitute.
Patronizing a prostitute in the third degree is a class A misdemeanor.
S 230.05 Patronizing a prostitute in the second degree.
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.
S 230.06 Patronizing a prostitute in the first degree.
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.
S 230.07 Patronizing a prostitute; defense.
In any prosecution for patronizing a prostitute in the first or second
degrees, it is a defense that the defendant did not have reasonable
grounds to believe that the person was less than the age specified.
S 230.10 Prostitution and patronizing a prostitute; no defense.
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.
S 230.15 Promoting prostitution; definitions of terms.
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.
S 230.19 Promoting prostitution in a school zone.
1. A person is guilty of promoting prostitution in a school zone when,
being nineteen years of age or older, he or she knowingly advances or
profits from prostitution that he or she knows or reasonably should know
is or will be committed in violation of section 230.03 of this article
in a school zone during the hours that school is in session.
2. For purposes of this section, “school zone” shall mean “school
zone” as defined in subdivision two of section 230.03 of this article.
Promoting prostitution in a school zone is a class E felony.
S 230.20 Promoting prostitution in the fourth degree.
A person is guilty of promoting prostitution in the fourth degree when
he or she knowingly:
1. Advances or profits from prostitution; or
2. With intent to advance or profit from prostitution, distributes or
disseminates to ten or more people in a public place obscene material,
as such terms are defined by subdivisions one and two of section 235.00
of this title, or material that depicts nudity, as such term is defined
by subdivision one of section 245.10 of this part.
Promoting prostitution in the fourth degree is a class A misdemeanor.
S 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 a business that
sells travel-related services knowing that such services include or are
intended to facilitate travel for the purpose of patronizing a
prostitute, including to a foreign jurisdiction and regardless of the
legality of prostitution in said foreign jurisdiction; 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.
S 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.
S 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.
S 230.33 Compelling prostitution.
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.
S 230.34 Sex trafficking.
A person is guilty of sex trafficking if he or she intentionally
advances or profits from prostitution by:
1. unlawfully providing to a person who is patronized, with intent to
impair said person’s judgment: (a) a narcotic drug or a narcotic
preparation; (b) concentrated cannabis as defined in paragraph (a) of
subdivision four of section thirty-three hundred two of the public
health law; (c) methadone; or (d) gamma-hydroxybutyrate (GHB) or
flunitrazepan, also known as Rohypnol;
2. making material false statements, misstatements, or omissions to
induce or maintain the person being patronized to engage in or continue
to engage in prostitution activity;
3. withholding, destroying, or confiscating any actual or purported
passport, immigration document, or any other actual or purported
government identification document of another person with intent to
impair said person’s freedom of movement; provided, however, that this
subdivision shall not apply to an attempt to correct a social security
administration record or immigration agency record in accordance with
any local, state, or federal agency requirement, where such attempt is
not made for the purpose of any express or implied threat;
4. requiring that prostitution be performed to retire, repay, or
service a real or purported debt;
5. using force or engaging in any scheme, plan or pattern to compel or
induce the person being patronized to engage in or continue to engage in
prostitution activity by means of instilling a fear in the person being
patronized that, if the demand is not complied with, the actor or
another will do one or more of the following:
(a) cause physical injury, serious physical injury, or death to a
person; or
(b) cause damage to property, other than the property of the actor; or
(c) engage in other conduct constituting a felony or unlawful
imprisonment in the second degree in violation of section 135.05 of this
chapter; or
(d) accuse some person of a crime or cause criminal charges or
deportation proceedings to be instituted against some person; provided,
however, that it shall be an affirmative defense to this subdivision
that the defendant reasonably believed the threatened charge to be true
and that his or her sole purpose was to compel or induce the victim to
take reasonable action to make good the wrong which was the subject of
such threatened charge; or
(e) expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(f) testify or provide information or withhold testimony or
information with respect to another’s legal claim or defense; or
(g) use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely; or
(h) perform any other act which would not in itself materially benefit
the actor but which is calculated to harm the person who is patronized
materially with respect to his or her health, safety, or immigration
status.
Sex trafficking is a class B felony.
S 230.35 Promoting or compelling prostitution; accomplice.
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.
S 230.36 Sex trafficking; accomplice.
In a prosecution for sex trafficking, a person 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.
S 230.40 Permitting prostitution.
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.