Even though prostitution is illegal in the vast majority of states, some residents of New York engage in this activity in order to make a living or for personal reasons, they seek to hire a prostitute. It’s important to understand that both the prostitute and the client are breaking the law in these situations. It’s also necessary to understand the punishments that could be issued for the crime. If you have found yourself needing a criminal defense attorney for a prostitution charge, give The Law Office of Lisa Pelosi a call today.
What is Prostitution?
Prostitution occurs when someone sells his or her body for sexual services in exchange for money or products. Anyone involved in this transaction, whether it’s the prostitute, the client, or anyone who facilitates the exchange is breaking the law.
The following are penalties and sentences for prostitution in New York. If you find yourself in any of these situations, please call an experienced criminal defense attorney.
- Prostitution: Class B misdemeanor. This could result in up to three months in jail and/or up to a $500 fine.
- Patronizing a Prostitute:
- Class A misdemeanor. This could result in up to one year in prison and/or up to a $1,000 fine.
- This is considered a Class E felony if the prostitute is less than 14 years, which could lead to a prison sentence of between two and five years.
- Permitting Prostitution: Class B misdemeanor. This could result in up to three months in jail and/or up to a $500 fine.
- Promoting Prostitution: Class A misdemeanor. This could result in up to one year in prison and/or up to a $1,000 fine.
- Compelling Prostitution: Class B felony. This could result in three to 25 years in prison and/or up to a $5,000 fine.
- Sex Trafficking: Class B felony. This could result in three to 25 years in prison and/or up to a $5,000 fine.
The Prosecution Must Prove:
- Intent: The prostitute intended to engage in an act of prostitution by selling his or her body for goods or money.
- Financial Arrangement: There was communication regarding the financial arrangements between the prostitute and the client.
- Both Sides Agree to the Exchange: In order for a prostitution crime to be committed, both parties need to be a willing participant.
Arguments a Criminal Defense Attorney Could Make
While defending a prostitution cause will depend on the exact circumstances of the crime and statements from witnesses, there are a few arguments that could be made.
- Entrapment: This can occur when a police officer urges the prostitute to attempt a sexual act. When an office is unusually aggressive, the accused may give in, not realizing that a crime is being committed.
- Lack of Evidence: Many cases of prostitution involve evidence that is circumstantial.
If you are trying to fight a prostitution case, hire a reliable and experience criminal defense attorney. Even though this blog listed potential arguments, you will want someone who is familiar with how to fight a case and exactly how the process works.
Contact Lisa Pelosi with any questions you may have or if you want a professional criminal defense attorney on your side.
