NY Penal Law § 230.10: Prostitution and Patronizing a Person for Prostitution; No Defense

Facing charges for Prostitution or Patronizing in New York? NY Penal Law § 230.10 clarifies a critical aspect of these laws: gender and sexual orientation are explicitly not valid defenses. This ensures that defendants cannot argue their way out of a charge by citing gender or sexual orientation as a defense.

This statute is an important aspect of New York's laws on prostitution, as it removes potential legal loopholes that might otherwise be used to challenge a charge. It applies equally to individuals facing prostitution charges and those accused of patronizing prostitutes. Given the strict nature of this law and the severe consequences of a conviction, it is important to seek legal representation. An experienced New York sex crime lawyer can assess your case, explain your rights, and develop a strong defense strategy to protect your future.

This statute eliminates two commonly attempted defenses in prostitution cases:

• Irrelevance of Gender of Participants
  • The law applies regardless of the gender of the individuals involved.
  • A defendant cannot argue that a transaction was not prostitution simply because it involved two men or two women instead of a man and a woman.
  • This provision ensures equal enforcement of prostitution laws, preventing discrimination based on sexual orientation.
  • Example: John offers Steve money for sexual services and is charged with patronizing a prostitute. He claims that because they are both men, the law does not apply. However, under NY Penal Law § 230.10, this is not a valid defense.
• Irrelevance of Gender Roles in Payment
  • A person cannot argue that because a woman paid a man for sex, it does not qualify as prostitution.
  • Historically, prostitution laws focused on men as patrons and women as prostitutes, but this provision eliminates that assumption.
  • The law applies equally, whether a male or female is receiving or paying for services.
  • Example: Sarah offers Mark money for sexual services and is charged with patronizing a prostitute. She argues that prostitution laws were originally meant to target male customers and female prostitutes. However, under NY Penal Law § 230.10, this is not a valid defense—the law applies equally to both genders.

The law serves several purposes:

• Prevents gender-based defenses – Ensuring that all individuals are treated equally under the law, regardless of their sex or sexual orientation.
• Closes potential loopholes – Without this law, a person might attempt to argue that their actions do not constitute prostitution based on gender dynamics.
• Supports uniform enforcement – Law enforcement and prosecutors apply the law consistently, preventing individuals from escaping liability due to technicalities.

NY Penal Law § 230.10 is part of a broader framework of prostitution laws in New York. Other relevant statutes include:

• Prostitution (NY Penal Law § 230.00) – This offense occurs when a person engages or agrees to engage in sexual conduct with another person in exchange for a fee.
• Patronizing a Person for Prostitution in the Second Degree (NY Penal Law § 230.05) – This offense applies when a person engages in prostitution with someone under the age of 15, increasing the severity of the charge due to the involvement of a minor.
• Promoting Prostitution in the Third Degree (NY Penal Law § 230.25) – This offense involves knowingly profiting from or advancing prostitution by managing, controlling, or aiding in the operation of a prostitution enterprise.
• Compelling Prostitution (NY Penal Law § 230.32) – This offense occurs when a person uses force, intimidation, or coercion to compel another person to engage in prostitution, or if they cause a minor under 18 to engage in prostitution.

In any prosecution for prostitution or patronizing a person for prostitution, the sex of the individuals involved or expected to be involved in the sexual conduct is irrelevant. It is not a valid defense that:

1. The individuals were of the same sex; or
2. The person receiving, agreeing to receive, or soliciting a fee was male, while the person paying, agreeing to pay, or offering to pay was female.

If you are facing charges related to prostitution or patronizing a person for prostitution, it is critical to understand that arguments based on gender or sexual orientation will not serve as a defense. Consulting with an experienced sex crimes attorney serving New York can help you navigate the legal process and develop a strong defense strategy based on other relevant factors. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no-obligation consultation. We represent clients throughout New York, including the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County. Protect your rights—contact us today.