New York Prostitution Lawyer
Under New York Penal Law §230.00 is a crime to engage in, agree to, or offer to engage in sexual conduct with another person in return for a fee. Prostitution is not a gender-specific. Any gender can be charged with prostitution. In addition both the person who offers to engage in sex for a fee (the seller) and the person who agrees to pay for the sex (the buyer) can be charged under the prostitution statute. The act of agreeing to make a transaction of sex for money is the crime. If you have been charged with prostitution, it’s important to seek the assistance of a qualified New York prostitution lawyer who will help ensure that your legal rights and interests are protected.Elements of Prostitution
The elements of the crime of solicitation in New York include engaging in, offering or agreeing to engage in sexual conduct in exchange for a fee, intent, commission of the act, and jurisdiction. In order to be convicted of prostitution, the prosecution must prove that the defendant knowingly and intentionally agreed to pay another person for sexual acts.
Prostitution can take place in a variety of settings, including on the street, in brothels or massage parlors, and through online advertisements. The crime of prostitution is not limited to the person offering payment for sexual acts. The person receiving payment for sexual acts can also be charged with prostitution.Defenses to Prostitution Charge
There are many defenses to a charge of prostitution. A qualified New York prostitution lawyer will look at the facts of your case and create a defense that will give you the opportunity for the best possible account. Possible defenses include:
- Lack of intent: The defendant must have intended to engage in prostitution. If they did not have this intent, they cannot be convicted of the crime.
- Entrapment by law enforcement: If the defendant was induced or encouraged by law enforcement to commit the crime, they may have a defense of entrapment.
- Mistake of fact: If the defendant believed that the person they were engaging in sexual activity with was over the age of consent, they may have a defense of mistake of fact.
- Lack of knowledge: If the defendant did not know that the sexual activity was for a fee, they may have a defense of lack of knowledge.
- Coercion or duress: If the defendant was forced or threatened to engage in prostitution, they may have a defense of coercion or duress.
The penalties for the crime of solicitation in New York depend on the circumstances of each individual case and can vary greatly. Generally, solicitation is a Class B Misdemeanor and is punishable by up to three months in jail and a fine of up to $500. Even though prostitution is a misdemeanor, if convicted you will have a criminal record. This may impact your current employment as well as opportunities for future employment and other opportunities. Thus, if you are facing a prostitution charge, contact an experienced prostitution lawyer in New York.Notable New York Prostitution Cases
- People v. Fiore (2012): This case involved a defendant who was charged with solicitation after offering to pay an undercover police officer for sexual acts. The defendant argued that the evidence was obtained through entrapment and that his right to due process was violated. The court ruled in favor of the defendant, finding that the evidence was obtained through entrapment and that the defendant's right to due process had been violated.
- People v. Davis (2010): The defendant was charged with solicitation after offering to pay an undercover police officer for sexual acts. The defendant argued that he believed the person he was paying was over the age of consent and that he had a defense of mistake of fact. The court ruled in favor of the defendant, finding that the defendant's belief that the person he was paying was over the age of consent was reasonable and that he had a valid defense of mistake of fact.
- People v. Salinas (2014): In this case, the defendant was charged with solicitation after offering to pay an undercover police officer for sexual acts. The defendant argued that he was coerced into committing the crime by a third party who threatened him with physical harm. The court ruled in favor of the defendant, finding that the defendant's actions were the result of coercion and that he did not have the required intent to commit the crime of solicitation.
If you have been charged with prostitution. You need experienced representation. Even though it is a misdemeanor, it’s important to not attempt to handle the case on your own. An experienced prostitution attorney serving New York can help you understand the charges against you, develop a defense strategy, negotiate a plea bargain, and represent them in court. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.