New York Penal Law § 230.33: Compelling Prostitution

New York law treats offenses involving prostitution, particularly those exploiting minors through coercion, force, or intimidation, with extreme seriousness. Among the statutes addressing these severe crimes is New York Penal Law § 230.33, Compelling Prostitution. Classified as a class B felony, this offense carries harsh penalties reflecting New York’s strong stance against the exploitation of minors and coercive involvement in prostitution. The statute specifically targets those who knowingly use force or intimidation to compel individuals under 18 into prostitution.

If you or someone you know is facing charges of compelling prostitution, immediate consultation with an experienced New York sex crimes lawyer is of utmost importance. Due to the complexities of these charges and the severe penalties associated, skilled legal representation is necessary to understand your rights and build a robust defense.

According to NY Penal Law § 230.33, an individual is guilty of compelling prostitution when:

• The offender is at least 18 years old;
• The offender knowingly advances prostitution;
• The victim compelled into prostitution is less than 18 years old; and
• The offender uses force or intimidation to compel the minor into prostitution.

The statute specifically addresses the exploitation of minors through coercive tactics. Force includes physical violence or threats of bodily harm, whereas intimidation covers psychological manipulation, threats to personal safety, threats against family members, or coercion involving non-physical harm.

If you are being investigated or have been arrested under this statute, do not wait to seek legal help. Contacting an experienced New York sex crimes lawyer immediately can help you protect your rights, understand the charges, and begin building a strong defense strategy.

Under this law, compelling prostitution involves coercive actions, including:

• Physical Force: Using violence, threats of physical harm, or actual assaults to compel a minor into prostitution. For example, John manages an illegal escort service and recruits vulnerable teenagers. When 16-year-old Mia refuses to participate, John threatens her with physical violence and harm to her family, forcing her compliance. John's coercive behavior and the victim's age make him liable under NY Penal Law § 230.33 for compelling prostitution.
• Psychological Intimidation: Employing threats, emotional manipulation, or psychological coercion that pressures the victim into prostitution. For example, a 17-year-old girl named Kayla is told by her older boyfriend, Eric, that if she truly loves him, she’ll help support them financially by meeting with clients he arranges. Eric convinces her that without her help, they'll end up homeless. Although no physical threats are made, his emotional manipulation and psychological pressure are used to force Kayla into prostitution.
• Threats Against Others: Threatening harm to a victim's family, friends, or other individuals to enforce compliance. For example, Luis tells 15-year-old Dana that unless she works for him and meets with clients, he will hurt her younger brother who lives with their grandmother. Dana complies out of fear for her brother’s safety. Luis’s threat against a third party qualifies as intimidation under the statute.

Those charged under this law often include traffickers, pimps, or individuals who organize or profit from the forced prostitution of minors. If you or someone you care about is facing this charge, speak with an experienced New York sex crimes attorney immediately to begin protecting your rights and preparing your defense.

• Sex Trafficking (NY Penal Law § 230.34): Applies to individuals who compel prostitution through force, fraud, or coercion.
• Promoting Prostitution in the First Degree (NY Penal Law § 230.32): Targets those who advance prostitution involving minors without necessarily requiring proof of force or intimidation.
• Patronizing a Person for Prostitution in a School Zone (NY Penal Law § 230.08): Addresses solicitation or patronizing minors within designated school areas.

Defenses to charges of compelling prostitution often focus on challenging the elements of coercion, knowledge, and victim age. Common defenses include:

• Lack of Coercion or Intimidation: Arguing that no force or threats were used, thus negating a critical element of the offense.
• Lack of Knowledge: Asserting the defendant was unaware of the victim's age or did not knowingly compel the individual into prostitution.
• False Accusations or Mistaken Identity: Presenting evidence suggesting that allegations were fabricated or mistaken.
• Insufficient Evidence: Highlighting weaknesses or inconsistencies in the prosecution's case to argue that evidence does not meet the burden of proof beyond a reasonable doubt.

Sentencing for Compelling Prostitution: As a class B felony, compelling prostitution carries severe penalties:

• Prison Sentence: Up to 25 years in state prison. Sentencing severity depends on factors such as prior criminal history and the specific circumstances of the offense. For example, a 26-year-old defendant was charged with promoting prostitution in the first degree after being found to have recruited and financially benefited from a 14-year-old engaging in prostitution. Evidence showed that he arranged for customers, collected payments, and housed the minor in a location used for prostitution. Due to the minor's age and the defendant's role in facilitating the operation, he was convicted under NY Penal Law § 230.32 and sentenced to 10 years in prison.
• Mandatory Sex Offender Registration: Conviction typically requires registration as a sex offender under New York's Sex Offender Registration Act (SORA), resulting in lifelong restrictions and community notification.
• Felony Record: A permanent felony record, affecting employment, housing, professional licenses, and civil rights.
• Immigration Consequences: Potential deportation for non-citizens convicted under this statute, classified as an aggravated felony under federal immigration law.

Under New York Criminal Procedure Law § 30.10(2)(b), prosecutors have five years to bring charges for compelling prostitution. However, that time period may be extended or paused ("tolled") in certain situations. This means the time limit may be extended or paused in certain cases. For example, if the offense involves a minor or is part of an ongoing criminal enterprise, the statute of limitations may be tolled. Additionally, if the accused is continuously outside the state or intentionally evading law enforcement, the clock may be paused until they return or are located. If you believe you are being investigated or that an old allegation may resurface, consult a knowledgeable New York sex crimes attorney immediately to assess whether the statute of limitations may apply in your case.

A person is guilty of compelling prostitution when, being eighteen years old or more, he or she knowingly advances prostitution by compelling a person less than eighteen years old, by force or intimidation, to engage in prostitution.

Compelling prostitution is a class B felony.

Given the severe penalties, individuals charged under NY Penal Law § 230.33 should seek immediate legal counsel from an experienced sex crime attorneys serving New York. Early representation can critically influence the outcome, potentially leading to reduced charges, favorable plea agreements, or case dismissals.

A conviction under NY Penal Law § 230.33 has severe, lifelong consequences. If you or someone you love is facing these serious charges, immediate legal representation is vital. Contact Stephen Bilkis & Associates at 800.696.9529 for a free consultation. Our experienced New York sex crimes attorneys represent clients throughout New York, including the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County. Act now to protect your rights and secure the best possible outcome.