NY Penal Law § 230.04: Patronizing a Person for Prostitution in the Third Degree

Patronizing a person for prostitution in the third degree is a criminal offense under the New York Penal Code. Under New York Penal Law § 230.04, you have committed this crime if you knowingly hire, agree to hire, or engage a person to engage in sexual conduct in return for a fee. If you are charged with this offense, contact an experienced New York sex crimes lawyer. A conviction can have serious legal and personal consequences, including potential jail time, fines, and a permanent criminal record. If you have been charged with this offense, it is important to immediately contact an experienced New York sex crimes lawyer.

Under NY Penal Law § 230.02(1), “patronizing a person for prostitution” means engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person in return for a fee. This definition covers all forms of sexual activity, not just intercourse.

The prosecution must prove that:

1. You knowingly engaged in or agreed to engage in sexual conduct;
2. You exchanged or agreed to exchange money or something of value for the conduct; and
3. The transaction took place in New York State.

Even if the exchange was not completed, the agreement itself may be enough to support a charge.

Suppose Mark, a 30-year-old person negotiates with another adult in a hotel lobby, offering them $100 in exchange for sexual activity. Mark could face a charge of patronizing a person for prostitution in the third degree under New York Penal Law § 230.04.

• Patronizing a person for prostitution in the second degree (NY Penal Law § 230.05)
• Prostitution (NY Penal Law § 230.00)
• Promoting prostitution (NY Penal Law §§ 230.15–230.25)

• Lack of intent or knowledge: Under New York law, criminal liability generally requires a culpable mental state. If you did not intentionally seek to pay for sexual conduct—or had no knowledge the conduct was in exchange for a fee—you may have a defense under New York Penal Law § 15.05, which defines the requisite mental states (e.g., “intentionally,” “knowingly,” “recklessly,” and “criminal negligence”). The prosecution must prove that you acted “intentionally” or “knowingly” to establish your guilt for patronizing a person for prostitution.
• Entrapment: New York Penal Law § 40.05 codifies the defense of entrapment. Entrapment occurs when law enforcement officers or their agents induce or encourage a person to commit a crime by means of undue persuasion or other overbearing conduct. If you can show that you would not have engaged in prostitution-related conduct but for the improper actions of law enforcement, you may have a valid entrapment defense.
• Insufficiency of evidence: To secure a conviction, the prosecution must prove beyond a reasonable doubt every element of the offense, including that there was an agreement to exchange a fee for sexual conduct. If the evidence does not establish such an agreement or intent, you may have a defense based on insufficiency of evidence. The case of People v. Contes, 60 N.Y.2d 620 (1983), explains this concept. Although Contes involved first-degree robbery rather than patronizing a person for prostitution, the same legal standard applies. The defendant argued that an eyewitness identification was unreliable, but the court held that evidence is legally sufficient if “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt” (Jackson v. Virginia, 443 U.S. 307, 319). Applying this principle to patronizing cases, if the evidence does not rationally support the existence of an agreement for sexual conduct, a conviction cannot stand.

Keep in mind that certain defenses—particularly those based on consent or misunderstanding—may be difficult to sustain in prostitution-related cases. Legal guidance from an experienced New York sex crime lawyer is critical to determine a viable strategy.

Patronizing a person for prostitution in the third degree is classified as a class A misdemeanor. Under New York law, a class A misdemeanor carries:

• Up to one year in jail, and/or
• A term of probation of up to three years (though some defendants may receive as much as six years of probation depending on the circumstances and the court).

Moreover, having a prostitution-related conviction on your record can negatively affect job prospects, professional licensing, and other aspects of daily life. It is vital to understand all potential penalties and collateral consequences.

Under CPL § 30.10(2)(c), the statute of limitations for a misdemeanor in New York is generally two years from the date of the alleged offense. However, the specifics of how and when the limitations period is triggered can be complex. If too much time has elapsed between the alleged offense and the filing of charges, this may constitute a valid defense.

Always consult an experienced sex crimes attorney in New York to evaluate whether any statutory or case law exceptions apply and to ensure your rights are protected.

A person is guilty of patronizing a person for prostitution in the third degree when he or she patronizes a person for prostitution.

Patronizing a person for prostitution in the third degree is a class A misdemeanor.

If you have been charged with patronizing a person for prostitution in the third degree, it is important to take immediate steps to protect your rights and your future. The experienced New York sex crime lawyers at Stephen Bilkis & Associates understand the nuances of New York’s prostitution and sex-related offenses. We have extensive experience representing clients facing a wide range of criminal charges. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. With offices throughout the New York area—including the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County—we are prepared to stand by your side, protect your legal rights, and work toward the best possible outcome.