New York Penal Law § 230.30: Promoting Prostitution in the Second Degree

New York law takes offenses related to prostitution extremely seriously, especially when those offenses involve coercion, exploitation, or the involvement of minors. Among these statutes is New York Penal Law § 230.30, Promoting Prostitution in the Second Degree, a Class C felony that carries significant penalties and reflects the state's commitment to protecting vulnerable individuals and combating exploitation. This law is specifically designed to target individuals who seek to advance or profit from prostitution through exploitative means. This includes using force, intimidation, or manipulation to control others within the sex industry, and it directly addresses the particularly egregious act of exploiting minors.

If you or someone you know is facing a charge of Promoting Prostitution in the Second Degree, it is essential to contact an experienced New York sex crimes lawyer immediately. The complexities of this area of law, the severity of the potential penalties, and the long-term consequences of a conviction necessitate skilled legal guidance to understand the charges and build a robust defense.

According to the statute, an individual is guilty of this offense if they knowingly engage in either of the following actions:

1. Advance prostitution by compelling a person through force or intimidation to engage in prostitution, or profit from such coercive conduct by another.

• This includes using physical violence, threats, blackmail, psychological pressure, or other forms of coercion to force someone into prostitution.
• The coercion may involve withholding identification documents, threatening deportation, physical harm, or threats against the person’s family.
• A person can also be charged if they knowingly profit from the forced prostitution of another, even if they are not directly involved in the coercion. This can apply to individuals who manage, oversee, or financially benefit from such operations.
• In People v. Pan, 267 A.D.2d 110 (N.Y. App. Div. 1999), the court upheld a conviction for promoting prostitution in the second degree where evidence demonstrated that the defendant exercised control over an apartment used for prostitution. The defendant kept the victim under guard, forcibly compelled her to engage in prostitution, and transported her to locations to perform sex acts. The ruling emphasized that coercion can occur through direct physical restraint, supervision, or psychological intimidation, underscoring the serious nature of such offenses and the significant penalties involved.

2. Advance or profit from the prostitution of a person under 18 years old.

• Unlike some other prostitution-related offenses, knowledge of the victim’s age is not a required element for this charge. Even if the defendant was unaware that the person was under 18, they can still face prosecution.
• This provision is designed to protect minors from sexual exploitation and holds accountable those who knowingly facilitate or benefit from underage prostitution.
• The charge applies to pimps, traffickers, brothel owners, and anyone involved in promoting prostitution where minors are involved.

This statute is particularly serious because it addresses the use of force or threats to coerce someone into prostitution, as well as the exploitation of minors. The law prioritizes the protection of vulnerable individuals, especially those under the age of 18.

"Promoting prostitution" is a broad term encompassing a range of actions that go beyond simply engaging in prostitution oneself. It refers to actions that facilitate, encourage, or profit from prostitution, including but not limited to:

• Recruiting Individuals for Prostitution: Actively seeking out, soliciting, or persuading individuals to enter into prostitution.
• Arranging Meetings Between Prostitutes and Clients: Acting as a pimp or intermediary, connecting individuals who engage in prostitution with potential clients.
• Providing Transportation to Locations for Prostitution: Driving or arranging transportation for individuals to locations where prostitution will occur, knowing the purpose of the transportation.
• Providing Housing or Facilities for Prostitution: Furnishing or managing premises, such as apartments, hotels, or brothels, knowing they will be used for prostitution.
• Advertising or Soliciting for Prostitution Services: Creating advertisements, online listings, or engaging in street solicitation to promote prostitution services.
• Collecting or Controlling the Earnings of a Prostitute: Taking a portion of the earnings of an individual engaged in prostitution, exercising control over their finances derived from prostitution.
• Using Threats or Intimidation to Coerce Someone into Engaging in Prostitution: As detailed earlier, directly forcing or intimidating someone into prostitution is a primary aspect of promoting prostitution under this law.
• Benefiting Financially from Another Person's Prostitution: Receiving money or other benefits derived from someone else's prostitution, especially when that individual is underage or coerced.

This list is not exhaustive, but it illustrates the wide range of actions that can be considered "promoting prostitution" under New York law. The core principle is whether an individual is taking actions to further, facilitate, or profit from the act of prostitution itself.

Mark operates an escort service website where he recruits young women, including runaways seeking stability. He convinces them to work for him, promising protection and financial independence. In reality, he controls their schedules, takes most of their earnings, and uses emotional manipulation to keep them working. One of the women, Sarah, is 17 years old. Mark knows her age but still profits from her prostitution.

Under § 230.30, he could be charged with:

• Exploitation of a Minor: Since Sarah is under 18, knowingly profiting from her prostitution violates the law, even without coercion.
• Coercion and Intimidation: Mark’s use of manipulation and threats to control workers may qualify as intimidation under the statute.

• Promoting Prostitution in the First Degree (NY Penal Law § 230.05): A more serious charge applied to those who operate or manage a prostitution business or force multiple individuals into prostitution.
• Patronizing a Person for Prostitution (NY Penal Law § 230.04): A charge for those who engage in or solicit prostitution, not necessarily involving minors or coercion.
• Sex Trafficking (NY Penal Law § 230.34): A Class B felony for those who compel or induce others into prostitution through force, fraud, or coercion, often applied in cases involving minors.

• Lack of Knowledge of the Victim’s Age: In cases involving minors, a defense could argue that the defendant did not know or have reasonable cause to believe the victim was under 18. However, this defense can be difficult to prove, especially if the defendant should have known the individual was a minor.
• Lack of Coercion or Intimidation: If force or intimidation is not evident, the defendant may argue that no coercion occurred, and therefore, the charge should be dismissed.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant advanced or profited from prostitution, particularly involving coercion or minors. If the evidence is insufficient, the defense may argue for dismissal.

Promoting Prostitution in the Second Degree is classified as a Class C felony under New York law, carrying severe penalties upon conviction. Sentencing depends on various factors, including prior criminal history, the specific circumstances of the case, and whether coercion or underage victims were involved. A conviction for NY Penal Law § 230.30 can result in:

• A maximum sentence of 15 years in state prison.
• A minimum sentence may apply, depending on the defendant's criminal history.
• First-time offenders may receive a reduced sentence, while repeat offenders face harsher penalties.
• Example: In People v. Cabassa, 188 A.D.3d 716, 218 A.D.3d 604 (N.Y. App. Div. 2023), the defendant was convicted of promoting prostitution in the second and third degrees. Initially sentenced as a second felony offender, Cabassa was resentenced following appeal. The court initially imposed the maximum possible terms (5 to 15 years for second-degree promoting prostitution). However, the appellate court modified the sentence, reducing it to 4 to 12 years, emphasizing that any increased sentence after remand must be explicitly justified based on new or additional facts about the defendant’s conduct.

• Instead of or in addition to prison time, the court may impose probation for up to 5 years with strict supervision.
• If released early, a convicted individual may serve a portion of their sentence under parole supervision with mandatory check-ins and restrictions.

• A conviction results in a permanent felony record, which can severely impact employment, housing, and professional licensing opportunities.
• Felony convictions cannot be sealed in New York unless specific conditions are met.

Sex Offender Registration: In cases where coercion or minors are involved, the court may require registration as a sex offender under the Sex Offender Registration Act (SORA), subjecting the individual to lifetime monitoring and restrictions.

• The court may impose substantial fines in addition to incarceration.
• If the defendant profited from prostitution-related activities, authorities may seize assets linked to the offense.

Immigration Consequences: Non-citizens convicted of § 230.30 may face deportation or removal under federal immigration laws, as the offense may be classified as an aggravated felony.

Given the severity of these penalties, it is essential to consult with an experienced New York sex crimes lawyer to explore defense strategies and minimize potential consequences.

Under New York Criminal Procedure Law § 30.10(2)(b), the statute of limitations for most felonies, including Promoting Prostitution in the Second Degree (§ 230.30), is five years. This means that prosecutors must file formal charges within five years from the date of the alleged offense.

However, certain exceptions may extend or toll the statute of limitations:

• Ongoing Criminal Conduct: If the offense was part of a continuing criminal enterprise, the statute may begin when the last act occurred rather than the initial offense.
• Fleeing the Jurisdiction: If the accused leaves New York to evade prosecution, the time they are absent does not count toward the five-year limit.
• Cases Involving Minors: While § 230.30 does not have a specific statute extension for minor victims, some sex-related crimes involving children have extended filing deadlines.

If the statute of limitations expires before charges are filed, the case may be dismissed unless an exception applies. An experienced sex crimes lawyer serving New York can assess whether a statute of limitations defense is viable in a specific case.

A person is guilty of promoting prostitution in the second degree when he or she 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 eighteen years old.

Promoting prostitution in the second degree is a class C felony.

A charge under NY Penal Law § 230.30 can have life-changing consequences. If you or a loved one has been accused, do not face this challenge alone. An experienced sex crimes attorney in New York can examine your case, develop a defense strategy, and fight to protect your rights. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free consultation. We represent clients throughout New York, including in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County. Protect your rights by contacting an experienced New York sex crimes lawyer today.