NY Penal Law § 230.05: Patronizing a Person for Prostitution in the Second Degree

Patronizing a person for prostitution in the second degree is a criminal offense under New York Penal Law § 230.05. A person is guilty of this offense if they are at least eighteen years old and knowingly engage in, hire, or agree to hire another person for prostitution when the person patronized is under fifteen years old. If you are charged with this offense, contact an experienced New York sex crimes lawyer.

Although § 230.05 specifically addresses patronizing a minor, the broader prostitution statutes clarify that “patronizing” involves offering or paying a fee in exchange for sexual conduct. The key element in a second-degree charge is the age of the person patronized. Even if the minor misrepresents their age or the defendant was unaware that the person was under fifteen, lack of knowledge is not a defense under New York law.

Suppose a 19-year-old arranges to meet someone for sex in exchange for money through an online platform. If the individual they meet is actually 14 years old, the defendant could be charged with patronizing a person for prostitution in the second degree—even if they believed the person was older.

• Patronizing a person for prostitution in the first degree (NY Penal Law § 230.06) – when the person patronized is under eleven years old.
• Patronizing a person for prostitution in the third degree (NY Penal Law § 230.04) – when the person patronized is under seventeen years old.
• Promoting prostitution in the first degree (NY Penal Law § 230.32) – when a person profits from or compels prostitution through force or coercion.

• Lack of intent or knowledge: While lack of knowledge of the person’s age is not a defense, the prosecution must still prove that the defendant knowingly engaged in an act of prostitution. If there was no clear agreement or if there was a misunderstanding about the nature of the meeting, the defense may argue that there is insufficient evidence to establish a crime. Notably, the law does not require the actual exchange of money—an agreement alone can be enough for a conviction.
• Entrapment: Under NY Penal Law § 40.05, entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. Simply providing an opportunity for a crime is not enough to establish entrapment. New York courts have ruled that for an entrapment defense to succeed, the defendant must prove that police tactics created a criminal intent where none previously existed. In People v. Calvano, 30 N.Y.2d 199 (1972), the New York Court of Appeals clarified that the defense of entrapment requires proof that the defendant was induced or encouraged by law enforcement to commit a crime they were not otherwise predisposed to commit. The court held that if a defendant claims entrapment, the prosecution may introduce evidence of prior or subsequent criminal acts to establish predisposition. The ruling emphasized that mere opportunity provided by law enforcement is insufficient for entrapment; the defendant must demonstrate that police conduct created a substantial risk of inducing an otherwise law-abiding person to offend.
• Insufficiency of evidence: The prosecution must prove every element of the offense beyond a reasonable doubt, including the age of the person patronized.. If the evidence does not sufficiently prove the individual was under fifteen, the charge cannot stand.

Patronizing a person for prostitution in the second degree is classified as a class E felony under New York law. A conviction carries the following penalties:

• Prison Sentence: Up to four years in prison (NY Penal Law § 70.00(2)(e)).
• Probation: Up to ten years of probation (NY Penal Law § 65.00(3)(a)(iii)).
• Sex Offender Registration: Mandatory registration under the New York Sex Offender Registration Act (SORA), which can impose lifetime restrictions on residency, employment, and travel.
• Collateral Consequences: A felony conviction can also result in:
  • Employment Barriers: Many employers refuse to hire individuals with felony sex offenses.
  • Housing Restrictions: Those convicted may face eviction or restrictions on renting property.
  • Immigration Consequences: Non-citizens may face deportation or inadmissibility under federal immigration laws.
  • Family Law Impact: A conviction may impact child custody and visitation rights.

Under CPL § 30.10(2)(b), the statute of limitations for a felony in New York is five years from the date of the alleged offense. However, exceptions may apply, including:

• If the accused leaves New York, the statute of limitations is tolled (CPL § 30.10(4)(a)).
• If the victim was under eighteen at the time of the offense, the statute of limitations may be extended under certain circumstances.

A person is guilty of patronizing a person for prostitution in the second degree when, being eighteen years old or more, he or she patronizes a person for prostitution and the person patronized is less than fifteen years old.

Patronizing a person for prostitution in the second degree is a class E felony.

A conviction for patronizing a person for prostitution in the second degree carries serious penalties that can affect your freedom, reputation, and future. The experienced sex crime attorneys serving New York at Stephen Bilkis & Associates have extensive experience handling prostitution-related charges and other sex offenses. Contact us today at 800.696.9529 for a free consultation. We serve clients in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester County. Let us fight to protect your rights and work toward the best possible outcome in your case.