NY Penal Law § 230.06: Patronizing a Person for Prostitution in the First Degree

Being charged with Patronizing a Person for Prostitution in the First Degree in New York is an extremely serious matter with life-altering consequences. New York Penal Law § 230.06 is a powerful law enacted to protect children from sexual exploitation. It carries exceptionally harsh penalties for individuals accused of engaging in sexual conduct for a fee with minors under specific age thresholds. This is not a minor offense; Patronizing a Person for Prostitution in the First Degree is classified as a Class D felony, punishable by up to 7 years in prison, alongside other devastating criminal and personal repercussions.

If you or someone you know is facing this charge, it is absolutely critical to understand the legal definition, the potential defenses available, and the severe penalties associated with a conviction. Your future and freedom may depend on it. Contacting an experienced New York sex crimes lawyer immediately is not just recommended – it is essential to protect your rights and build the strongest possible defense.

To understand the seriousness of this charge, here’s a break down the legal definition. The term "patronizing" in this context refers to:

• Hiring a person for sexual conduct in exchange for a fee.
• Agreeing to hire a person for sexual conduct in exchange for a fee.
• Engaging a person in sexual conduct in exchange for a fee.

The critical element that elevates this offense to the First Degree is the age of the person being patronized. New York law establishes two scenarios that constitute Patronizing a Person for Prostitution in the First Degree:

• Scenario 1: Victim Under Eleven Years Old: If the person you patronize is less than eleven years old, the offense of Patronizing a Person for Prostitution in the First Degree applies regardless of your age. This means that even if you are a minor yourself, engaging in such conduct with a child under eleven will result in this severe felony charge.
• Scenario 2: Victim Under Thirteen Years Old and Patron is 18 or Older: If the person you patronize is less than thirteen years old, the offense of Patronizing a Person for Prostitution in the First Degree applies if you are eighteen years old or older. This provision recognizes the power imbalance and heightened vulnerability when an adult engages in such acts with a child under thirteen.

It's important to note that "sexual conduct" in this context is defined broadly under the New York Penal Law and encompasses a wide range of sexual acts, including sexual intercourse, deviate sexual intercourse, sexual contact, and sexual behavior.

A 40-year-old businessman is approached by an individual on social media claiming to be 19 and offering companionship for a fee. After messaging back and forth, they agree to meet at a hotel, where the businessman offers $300 for sexual activity. When law enforcement arrives, he is arrested and learns that the individual is actually 12 years old. Despite his claim that he believed the person was an adult, New York law does not allow mistake of age as a defense. He is charged with Patronizing a Person for Prostitution in the First Degree, a Class D felony, carrying up to 7 years in prison.

Even if the individual had actually been 19 years old, the businessman still would have committed a crime—Patronizing a Person for Prostitution in the Third Degree (NY Penal Law § 230.04). However, this charge is a Class A misdemeanor, punishable by up to 1 year in jail, rather than a felony with significant prison time and mandatory sex offender registration that applies in cases involving minors.

1. Patronizing a Person for Prostitution in the Second Degree (NY Penal Law § 230.05): This charge is less severe than First Degree Patronizing because it typically involves victims who are older minors (age 16 or 17) or adults.
2. Patronizing a Person for Prostitution in the Third Degree (NY Penal Law § 230.04): This is the least severe of the "Patronizing" charges and generally applies when patronizing an adult for prostitution.
3. Promoting Prostitution (NY Penal Law §§ 230.15–230.25): These charges apply to individuals who facilitate prostitution, such as pimps or those running brothels. They are distinct from Patronizing charges, which focus on the person seeking sexual services.
4. Prostitution (NY Penal Law § 230.00): This charge applies to the person who offers sexual services in exchange for a fee. It is directed at the individual being patronized, not the patron.

While facing a charge of Patronizing a Person for Prostitution in the First Degree is daunting, it's important to understand that you have the right to a defense. A skilled New York sex crimes lawyer will investigate the facts of your case and explore all potential defense strategies. Some common defenses in these types of cases include:

• Mistake of Age is Not a Defense: It is critically important to understand that under New York law, claiming you were unaware of the person's actual age is not a valid legal defense to this charge. The law places a strict responsibility on individuals to ascertain the age of anyone they are engaging with for sexual conduct, particularly when payment is involved.
• Entrapment (NY Penal Law § 40.05): In New York, the entrapment defense under NY Penal Law § 40.05 applies when law enforcement induces a crime by creating a substantial risk that a person not otherwise disposed to commit the offense would do so. A key case illustrating this principle is Sherman v. United States, 356 U.S. 369 (1958). Though Sherman involved drug sales rather than prostitution, the Supreme Court’s ruling on entrapment is widely applicable. The Court found that government agents repeatedly pressured a recovering addict into obtaining drugs, ultimately leading to his conviction. It ruled that entrapment occurs when law enforcement does more than provide an opportunity and instead actively coerces or manipulates an individual into committing a crime. While Sherman is a federal case, New York courts recognize similar principles. To assert this defense under NY Penal Law § 40.05, a defendant must show that police conduct was egregious. Simply offering an opportunity, such as an online ad, is not entrapment. However, persistent pressure, threats, or exploiting a defendant’s vulnerabilities may support this defense.
• Insufficiency of Evidence: In any criminal case, the prosecution bears the burden of proving every element of the crime "beyond a reasonable doubt." In a Patronizing case, this includes proving beyond a reasonable doubt that the person involved was under the specified age (under 11 or under 13 depending on the scenario). If the evidence presented by the prosecution regarding the alleged victim's age is weak, unreliable, or based on assumptions rather than concrete proof, your experienced New York sex crimes lawyer can challenge the sufficiency of the evidence. For example, if there is a lack of clear documentary evidence of the victim's age, conflicting witness testimony, or doubts about the reliability of online age verification methods, the prosecution's case may be vulnerable. A skilled attorney will scrutinize all evidence to identify weaknesses and vigorously argue that the prosecution has not met its burden of proof.

Note that these are just potential defenses, and the applicability and success of any defense strategy are highly fact-dependent and require thorough legal analysis.

A conviction for Patronizing a Person for Prostitution in the First Degree carries extremely severe penalties under New York law, reflecting the seriousness with which the state views these offenses. As a Class D felony, the potential sentence includes:

• Imprisonment: A prison sentence of up to 7 years. The actual sentence imposed will depend on various factors, including the specific circumstances of the offense, your prior criminal history (if any), and the judge's discretion. However, the potential for significant incarceration is very real.
• Probation: In some cases, depending on the specifics of the case, a judge may impose a period of probation instead of or in addition to incarceration. Probation involves strict conditions and supervision, and any violation can lead to imprisonment.
• Fines: While not always the primary focus in felony cases, substantial fines can also be imposed in addition to prison time.

Beyond these direct criminal penalties, a conviction for Patronizing a Person for Prostitution in the First Degree triggers devastating collateral consequences, which can have a profound and long-lasting impact on your life:

• Mandatory Lifetime Sex Offender Registration: This is perhaps the most significant collateral consequence. A conviction mandates registration as a sex offender under New York's Sex Offender Registration Act (SORA). This is not merely a registry; it is a complex system with far-reaching implications including restrictions on where you can live and work, particularly limiting proximity to schools, parks, and other places where children congregate. Depending on your tier level, law enforcement may actively notify your community, neighbors, and employers about your sex offender status. The court examined this issue in Doe v. Pataki, 120 F.3d 1263 (2d Cir. 1997). Under New York’s Sex Offender Registration Act (SORA), individuals convicted of sex offenses must register for life, significantly restricting their housing, employment, and social opportunities. The law also mandates community notification, exposing registrants to public scrutiny, harassment, and exclusion. The plaintiffs argued that these requirements imposed additional punishment beyond their original sentences, violating the Ex Post Facto Clause. While the District Court ruled that public notification was unconstitutional for past offenders, the appellate court reversed, holding that both registration and notification were regulatory rather than punitive, allowing the law’s retroactive enforcement despite its severe consequences on registrants' lives.
• Severe Employment Limitations: A felony conviction for a sex offense will severely limit your employment opportunities. Many professions, especially those involving children, healthcare, education, or vulnerable populations, will be effectively closed to you. Background checks will reveal your conviction, making it extremely difficult to secure many jobs.
• Housing Restrictions: As mentioned under SORA, restrictions on residency can drastically limit your housing options. Landlords may be hesitant to rent to registered sex offenders, and some areas may have zoning laws that prohibit sex offenders from living in certain neighborhoods.

These collateral consequences often extend far beyond the formal sentence imposed by the court and can profoundly affect every aspect of your life for years to come.

Under New York Criminal Procedure Law § 30.10, the statute of limitations for most felonies, including Patronizing a Person for Prostitution in the First Degree, is five years from the date of the alleged crime. This means that the prosecution generally must initiate charges within five years of the date the offense occurred.

However, exceptions and complexities can apply, especially in cases involving minors. The statute of limitations may be "tolled" or extended under certain circumstances, particularly if the victim is under a certain age at the time of the offense. Therefore, even if an alleged incident occurred some time ago, it is crucial to consult with a criminal defense attorney to determine whether the statute of limitations might be a viable defense in your specific case. Never assume that the passage of time automatically shields you from prosecution.

A person is guilty of patronizing a person for prostitution in the first degree when:

1. They patronize a person for prostitution, and the person patronized is less than eleven years old; or
2. They are eighteen years old or older and patronize a person for prostitution who is less than thirteen years old.

Patronizing a person for prostitution in the first degree is a class D felony.

Being charged with Patronizing a Person for Prostitution in the First Degree is an incredibly frightening and isolating experience. The weight of potential imprisonment, sex offender registration, and the destruction of your reputation can feel overwhelming. You don't have to go through this alone.

The experienced sex crimes attorneys serving New York at Stephen Bilkis & Associates understand the gravity of these charges and the complexities of New York’s sex crime laws. We have a proven track record of aggressively defending clients against serious felony offenses and are dedicated to protecting your rights and working tirelessly towards the best possible outcome in your case. Contact us at 800.696.9529 to schedule a free consultation today. 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—contact us today.