NY Penal Law § 230.11: Aggravated Patronizing a Minor for Prostitution in the Third Degree

New York law takes a firm stance against prostitution-related offenses, and the penalties are particularly severe when the exploitation of minors is involved. Aggravated Patronizing a Minor for Prostitution in the Third Degree is a felony-level charge. Classified as a Class E felony under NY Penal Law § 230.11, a conviction for this offense carries significant and life-altering consequences. These can include up to four years in state prison, the establishment of a permanent felony criminal record, and the potential for mandatory lifetime sex offender registration in New York.

Given the grave nature of these potential penalties, if you or someone you know has been charged under NY Penal Law § 230.11, it is absolutely critical to seek legal representation from a seasoned New York sex crime lawyer without delay. Your freedom, your reputation, and your future are on the line.

New York Penal Law § 230.11 defines the crime of Aggravated Patronizing a Minor for Prostitution in the Third Degree based on a specific set of elements that the prosecution must prove beyond a reasonable doubt to secure a conviction. A person is considered guilty of this offense when all of the following conditions are met:

• The individual is 21 years of age or older: This element establishes an age disparity, recognizing the vulnerability of minors and holding adults significantly older to a higher standard of responsibility. The law specifically targets adults over the age of 21 who exploit minors.
• The individual patronizes a person for prostitution, meaning they engage in or agree to engage in sexual conduct in exchange for money or something of value: This element focuses on the commercial aspect of the interaction. "Patronizing" in this context refers to the act of purchasing sexual services. It involves the exchange of money, or anything else considered to have value, in return for sexual conduct. This highlights the exploitative nature of the offense, where a minor is treated as a commodity for sexual gratification.
• The person patronized is under 17 years old: This element is crucial and underscores the severity of the crime. New York law establishes 17 as the age of consent for sexual activity. When the person being patronized is under 17, they are legally considered a minor, and any sexual interaction with them in exchange for value is deemed exploitative and illegal under this statute.
• The individual engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, as defined under NY Penal Law § 130.00: This element requires that an actual sexual act, as specifically defined by New York law, has taken place. It is not enough for the prosecution to prove merely an agreement or solicitation for prostitution. The law mandates proof of a completed sexual act from the specified list of sexual conducts to meet this element.

All four of these elements must be proven by the prosecution beyond a reasonable doubt for a conviction of Aggravated Patronizing a Minor for Prostitution in the Third Degree. Importantly, unlike some related offenses, this charge specifically requires proof that an actual sexual act occurred, not just an agreement or solicitation. The involvement of a minor under the age of 17 is the key factor that significantly elevates the severity of this crime, distinguishing it from other patronizing-related offenses.

In the context of prostitution-related offenses, "patronizing" refers to knowingly engaging in, soliciting, or agreeing to exchange money or something of value for sexual conduct. Under NY Penal Law § 130.00, sexual conduct includes a range of acts, including but not limited to:

• Sexual intercourse. Defined as any penetration, no matter how slight, of the penis into the vagina. Consent is not a defense when the act involves a minor under the age of consent. NY Penal Law § 130.00(1)
• Oral sexual conduct. Involves oral contact with the penis, vagina, anus, or female breast. (NY Penal Law § 130.00(2)
• Anal sexual conduct. Defined as any penetration, however slight, of the anus by a penis. (NY Penal Law § 130.00(3)
• Aggravated sexual contact. Involves sexual touching with the intent to abuse, degrade, or arouse where force or coercion is used, or the victim is incapable of consent due to age or other factors. NY Penal Law § 130.91 and NY Penal Law § 230.11

Unlike some prostitution-related offenses where an agreement alone may be sufficient for a charge, NY Penal Law § 230.11 requires that the prosecution prove that an actual sexual act occurred between the defendant and the minor.

To illustrate how NY Penal Law § 230.11 is applied in practice, here’s a hypothetical:

Travis C. was arrested in Queens, New York, following an undercover sting operation by law enforcement. The arrest occurred after Travis C. allegedly arranged to meet a 16-year-old individual for the purpose of engaging in sexual activity in exchange for money. The arrangement was facilitated through an online platform. Law enforcement, alerted to the situation, conducted a sting operation where they posed as the 16-year-old online and arranged a meeting. When Travis C. arrived at the agreed-upon location and engaged in sexual contact with the undercover operative posing as the minor, he was immediately apprehended. Because all four elements were present, Travis C. was formally charged with Aggravated Patronizing a Minor for Prostitution in the Third Degree under NY Penal Law § 230.11.

Several other offenses may be charged alongside or instead of NY Penal Law § 230.11, depending on the circumstances:

• Endangering the Welfare of a Child (NY Penal Law § 260.10) – This charge applies when an adult's actions put a minor at risk, including exposing them to sexual exploitation.
• Aggravated Patronizing a Minor for Prostitution in the Second Degree (NY Penal Law § 230.12) – This offense applies if the minor is under 15 years old, escalating the severity of the charge.
• Sex Trafficking of a Child (NY Penal Law § 230.34-a) – A Class A felony that applies when a person profits from or facilitates the prostitution of a minor under 18 years old through force, coercion, or manipulation.
• Rape in the Third Degree (NY Penal Law § 130.25) – If sexual intercourse occurs with a person under 17 years old and the defendant is over 21, additional charges of statutory rape may apply.

Defending against a charge under NY Penal Law § 230.11 requires a strong legal strategy. Some potential defenses include:

• Lack of Knowledge of Age – If the defendant had a reasonable belief that the person was 17 or older, this may serve as a defense. However, New York law generally does not allow ignorance of age as a defense in strict liability crimes involving minors.
• Insufficient Evidence – The prosecution must prove that the sexual act actually occurred and that the individual was under 17 at the time. If there is insufficient evidence, the defense can argue that the case does not meet the legal standard for conviction.
• Entrapment – If law enforcement induced or coerced the defendant into committing the crime, entrapment may be a viable defense under NY Penal Law § 40.05. Courts assess whether the individual was predisposed to commit the crime or if they were pressured into it.
• Mistaken Identity – If there is uncertainty about the identity of the defendant, a strong alibi or contradictory evidence can challenge the prosecution's case.

Since aggravated patronizing a minor for prostitution in the third degree is a class E felony, a conviction can result in:

• Up to 4 years in prison
• Probation or supervised release
• A permanent felony record

Additional consequences may include:

• Mandatory sex offender registration (depending on the circumstances of the case)
• Barriers to employment, housing, or professional licensing
• Immigration consequences, including deportation for non-citizens

In New York State, as with all criminal offenses, there are time limits within which charges must be filed, known as the statute of limitations. For felonies in New York, under New York Criminal Procedure Law § 30.10(2)(b), the statute of limitations is generally five years. This means that for Aggravated Patronizing a Minor for Prostitution in the Third Degree, prosecutors typically must file formal charges within five years from the date the alleged crime occurred. If charges are not officially filed within this five-year timeframe, the case may be subject to dismissal, meaning prosecution is legally barred.

A person is guilty of aggravated patronizing a minor for prostitution in the third degree when, being twenty-one years old or more, he or she patronizes a person for prostitution, and the person patronized is less than seventeen years old. Additionally, the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct, as those terms are defined in section 130.00 of this part, with the person patronized.

Aggravated patronizing a minor for prostitution in the third degree is a class E felony.

A charge of aggravated patronizing a minor for prostitution in the third degree carries serious legal and personal consequences. A conviction could lead to up to four years in prison, a felony record, and mandatory sex offender registration in some cases. Additionally, it may impact your ability to find employment, secure housing, or maintain professional licenses.

If you or someone you know has been charged under NY Penal Law § 230.11, it is essential to seek an experienced sex crime attorney serving New York as soon as possible. At Stephen Bilkis & Associates, we provide aggressive legal representation to protect your rights and build the strongest possible defense. 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.