NY Penal Law § 230.12: Aggravated Patronizing a Minor for Prostitution in the Second Degree

Patronizing a minor for prostitution is already a serious crime in New York, but when certain factors are present, the crime is treated even more severely. Under New York Penal Law § 230.12, a person is guilty of aggravated patronizing a minor for prostitution in the second degree when they engage in prostitution with a person under the age of 15 and the sexual acts involved include intercourse or other specific sexual conduct as defined in NY Penal Law § 130.00.

This law reflects New York's firm stance on protecting minors from sexual exploitation, with harsher penalties for those who patronize individuals under the age of 15 for such activities. It also highlights the gravity of any sexual conduct involving minors, especially when the act is aggravated by the nature of the sexual acts involved.

If you or someone you know is facing this charge, remember that you are not alone and help is available. Contacting a skilled and experienced New York sex crimes lawyer as quickly as possible is not just recommended – it is essential. Your freedom, your reputation, and your future well-being are at stake.

New York Penal Law § 230.12 defines Aggravated Patronizing a Minor for Prostitution in the Second Degree as occurring when specific elements are met. To be found guilty of this crime, the prosecution must prove beyond a reasonable doubt each of the following elements:

1. The person is 18 years of age or older: This law specifically targets adults who exploit children. The statute only applies if the person engaging in the alleged conduct is at least eighteen years old. This age threshold is in place to protect minors from being charged under this specific statute, though other laws may apply to minors in certain circumstances.

2. The person "patronizes" another person for prostitution: The term "patronizes" in this legal context refers to the act of engaging in sexual conduct with another person in exchange for something of value. This "thing of value" is not limited to just money. It can encompass a wide range of benefits, including cash, drugs, goods, shelter, or any other item or advantage offered or provided in exchange for sexual acts. Essentially, it means purchasing sex. It’s important to understand that the agreement to exchange sex for something of value is a core element of “prostitution” in the legal definition.

3. The person being patronized is less than 15 years old: This is a critical element that elevates the offense to "aggravated" status. The law recognizes the profound vulnerability of children under the age of 15 and the particularly harmful nature of sexual exploitation at such a young age. Even if a person mistakenly believes the child is older, if they are in fact under 15, this element is met..

4. The act involves specific "aggravated sexual conduct": This is the final, and also critical, element that defines this specific crime. It's not simply patronizing a minor for any sexual act. NY Penal Law § 230.12 specifically lists the types of sexual conduct that must be involved to constitute Aggravated Patronizing a Minor for Prostitution in the Second Degree. These include:

• Sexual Intercourse: This term is generally understood to mean vaginal intercourse.
• Oral Sexual Conduct: This refers to oral contact with the penis, vulva, or anus.
• Anal Sexual Conduct: This involves contact between the penis and the anus.
• Aggravated Sexual Conduct as defined in NY Penal Law § 130.00: This is a critical expansion. Section 130.00 of the New York Penal Law defines "aggravated sexual conduct" broadly to encompass other particularly severe and harmful sexual acts, including, but not limited to:
  • Deviate Sexual Intercourse: This includes deviate sexual intercourse as defined in § 130.00, which typically refers to sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and penis, or the mouth and the vulva.
  • Sexual Abuse in the First Degree (NY Penal Law § 130.65): This involves sexual contact without consent under specific circumstances, such as when force is used, the victim is incapable of consent, or other aggravating factors are present.
  • Sexual Abuse in the Second Degree (NY Penal Law § 130.60): This involves sexual contact without consent, often when the victim is less than 14 years old or mentally incapacitated.
  • Aggravated Sexual Abuse in the First, Second, or Third Degree (NY Penal Law §§ 130.70, 130.67, 130.66): These are even more serious forms of sexual abuse involving additional aggravating factors like the use of weapons, serious physical injury, or the victim being under a certain age.

The inclusion of these specific, often invasive and traumatic, sexual acts highlights the severe nature of Aggravated Patronizing a Minor for Prostitution in the Second Degree. It is not simply the act of purchasing sex from a minor; it is the purchase of particularly harmful and exploitative sexual acts from a child under the age of 15 that elevates the crime to this level of felony.

Because Aggravated Patronizing a Minor for Prostitution in the Second Degree is classified as a Class D felony, a conviction carries substantial penalties.

It's important to understand that Aggravated Patronizing a Minor for Prostitution in the Second Degree often occurs in the context of other criminal activities. Depending on the specific facts of a case, other charges may be brought in conjunction with or instead of § 230.12. Some related offenses include:

• Sex Trafficking (NY Penal Law § 230.34): This felony applies when an individual forces or coerces someone into prostitution, particularly minors, often with substantial penalties.
• Promoting Prostitution (NY Penal Law §§ 230.15–230.25): A felony charge for those involved in facilitating or profiting from prostitution, including pimps or traffickers. Like Sex Trafficking, Promoting Prostitution focuses on activities beyond the direct act of purchasing sex. It targets those who enable and benefit from the broader prostitution industry.
• Sexual Assault Charges: In some cases, conduct related to Aggravated Patronizing a Minor for Prostitution may also constitute separate sexual assault offenses. If, for example, force, threats, or lack of consent are involved beyond the act of patronizing, charges such as Forcible Touching, Sexual Abuse, or Rape may be added. These charges address instances where the sexual act goes beyond the simple purchase of sex and involves non-consensual or forceful sexual acts.

While the charges of Aggravated Patronizing a Minor for Prostitution in the Second Degree are serious, there are potential legal defenses that an experienced New York sex crimes lawyer can explore. The availability and viability of any defense will depend heavily on the specific facts and circumstances of each case. Some common defenses include:

• Lack of Knowledge of Age: One potential defense, though often difficult to prove and viewed with skepticism by juries, is "lack of knowledge of age." A defendant might argue that they genuinely did not know the person was under 15. However, this defense is not simply claiming ignorance. To be potentially successful, the defense must demonstrate that the defendant had a reasonable basis to believe the individual was older than 15. Factors that might be considered include the minor’s physical appearance, demeanor, and any statements made by the minor about their age. However, juries are often reluctant to accept this defense, especially if the age difference is significant or if there were obvious signs that the person was a minor. Furthermore, "willful blindness" or deliberate avoidance of knowing the person's age is not a valid defense. The prosecution will likely argue that a reasonable person would have or should have known the person was underage.
• Entrapment: Entrapment is a legal defense that arises if law enforcement improperly induced or coerced an individual into committing a crime they were not otherwise predisposed to commit. In the context of prostitution-related offenses, entrapment might occur if, for example, an undercover officer or informant excessively pressured, coerced, or even tricked someone into engaging in prostitution-related conduct when that person was not initially inclined to do so. For example, if an undercover officer repeatedly and aggressively begs someone to purchase sex, despite initial refusals, and eventually wears them down to the point of agreeing, this could potentially constitute entrapment. However, simply providing an opportunity to commit a crime is not entrapment. If law enforcement merely sets up a scenario where someone who is already predisposed to purchasing sex has the opportunity to do so, this is generally not considered entrapment. Entrapment defenses are very fact-specific and often challenging to win.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the act occurred with a person under 15 and that the specific sexual conduct took place. If evidence is lacking, the defense may challenge the prosecution’s case.

Since aggravated patronizing a minor for prostitution in the second degree is classified as a class D felony, a conviction could result in:

• Up to 7 years in prison. A judge can sentence a convicted individual to a prison term of up to 7 years. The actual sentence imposed will depend on various factors, including the defendant's prior criminal history, the specific circumstances of the offense, and other mitigating or aggravating factors.
• Probation or supervised release. Instead of or in addition to incarceration, a judge may sentence a person to a period of probation or supervised release. This involves regular check-ins with a probation officer and adherence to specific conditions, such as drug testing, counseling, or restrictions on travel or association. Violation of probation terms can lead to imprisonment.
• A criminal record. A felony conviction for Aggravated Patronizing a Minor for Prostitution will result in a permanent criminal record.
• Additional consequences. Beyond these direct penalties imposed by the court, there are often additional, significant consequences: Mandatory sex offender registration; challenges in obtaining employment, housing, or professional licenses; and immigration consequences, including potential deportation for non-citizens.

Under New York Criminal Procedure Law § 30.10(2)(b), the statute of limitations for a felony is five years. Charges must be filed within this time frame, or the case may be dismissed.

A person is guilty of aggravated patronizing a minor 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. 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 second degree is a Class D felony.

If you or someone you know is facing charges under NY Penal Law § 230.12, it is important to immediately speak with an experienced sex crimes attorney in New York to protect your rights and receive the guidance necessary to defend your case. A conviction for aggravated patronizing a minor for prostitution in the second degree can lead to serious long-term consequences. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free no obligation consultation. 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.