NY Penal Law § 230.13: Aggravated Patronizing a Minor for Prostitution in the First Degree

New York law takes an exceptionally strong stance against the exploitation of children, particularly when that exploitation is sexual in nature. When an adult seeks to engage in prostitution with a minor, the state’s response is swift and severe. NY Penal Law § 230.13, Aggravated Patronizing a Minor for Prostitution in the First Degree, represents one of the most serious offenses in this category. This statute is designed to protect the most vulnerable children from sexual exploitation and carries with it exceptionally harsh penalties for those convicted.

If you or someone you know is being investigated or has been charged with Aggravated Patronizing a Minor for Prostitution in the First Degree in New York, it is absolutely critical to contact an experienced New York sex crimes lawyer. The stakes are incredibly high, and having experienced and dedicated legal representation is paramount to ensuring the strongest possible defense.

Under New York Penal Law § 230.13, a person can be found guilty of Aggravated Patronizing a Minor for Prostitution in the First Degree under two distinct sets of circumstances, both revolving around the age of the minor being patronized and the nature of the sexual conduct involved. It’s crucial to understand these two scenarios clearly:

1. Victim Under 11 Years Old: You can be charged with Aggravated Patronizing a Minor for Prostitution in the First Degree if you patronize someone for prostitution and that person is less than eleven years old. In this scenario, the specific type of sexual act performed or agreed upon is not necessarily a determining factor for this elevated charge. The extreme youth of the victim is the primary aggravating factor. New York law recognizes that children under the age of 11 are exceptionally vulnerable and incapable of providing true consent to sexual activity, especially in a commercialized context. Therefore, any act of patronizing a child of this age is considered a serious offense.
2. Victim Under 13 Years Old AND Patronizer 18 or Older, with Specific Severe Sexual Acts: You can also be charged with Aggravated Patronizing a Minor for Prostitution in the First Degree if you are eighteen years of age or older, you patronize someone for prostitution, and that person is less than thirteen years old, and you engage in specific sexual acts with that minor. These specified sexual acts are:
   • Sexual Intercourse: This is generally understood to mean penetration of the vagina, anus, or mouth by the penis.
   • Oral Sexual Conduct: This includes contact between the mouth and the penis, vulva, or anus.
   • Anal Sexual Conduct: This involves contact between the penis and the anus.
   • Aggravated Sexual Conduct: This is a more complex term defined under Section 130.00 of the New York Penal Law. Generally, aggravated sexual conduct refers to sexual acts that are particularly egregious or harmful, often involving the use of objects or instruments to penetrate the victim’s body, or acts that involve serious physical injury to the victim. While the full legal definition in § 130.00 is detailed, understand that it encompasses sexual acts that go beyond typical sexual intercourse and involve heightened levels of harm or degradation.

In both of these scenarios, the key element is “patronizing” a person for prostitution.

The term "patronizing" in this legal context refers to knowingly soliciting or agreeing to exchange money or something of value for sexual conduct. It's not simply about engaging in sexual activity; it’s about the commercialized aspect – seeking to purchase sexual services. This means actively seeking out or responding to an offer for sexual activity with the understanding that payment or something of value is expected in return.

The “knowing” element is important. To be guilty of patronizing, you must be aware that you are engaging in a transaction where sexual conduct is being exchanged for payment or something of value. This could be direct cash payment, but it could also include other forms of compensation such as drugs, shelter, gifts, or even promises of future benefits.

It is important to distinguish “patronizing” in the general sense from the specific crime of "Aggravated Patronizing a Minor." While the act of patronizing is the foundation, it is the age of the person being patronized, or the combination of their age and the severity of the sexual act, that elevates the crime to Aggravated Patronizing a Minor for Prostitution in the First Degree, triggering the harshest penalties.

To illustrate how this statute is applied, consider this scenario:

50-year-old John D. was arrested in Central Park, a public park known to be frequented by families and tourists alike, after an undercover police operation. He was apprehended while attempting to pay a 9-year-old girl for sexual acts. The arrest took place after detectives observed Mr. D. engaging in conversation with the girl and offering her money in exchange for sexual activity. Mr. D. was subsequently charged with Aggravated Patronizing a Minor for Prostitution in the First Degree. The severity of the charges stemmed directly from the victim’s extremely young age – 9 years old – and the fact that Mr. D. was actively seeking to purchase sexual services from a child.

Several other related offenses could accompany charges of aggravated patronizing a minor for prostitution:

• Endangering the Welfare of a Child (NY Penal Law § 260.10): Often charged when an adult acts in a way that could harm a minor’s physical, mental, or moral well-being. This charge is typically associated with child exploitation cases.
• Sexual Abuse (NY Penal Law § 130.65): Involving the illegal sexual acts committed against minors, which might occur in addition to charges of patronizing a minor for prostitution.
• Sex Trafficking (NY Penal Law § 230.34): A Class B felony charge applied when a person forces or coerces someone into prostitution, often involving minors.

• Lack of Knowledge of Age: A defense may be argued if the defendant did not know the minor’s age and had no reason to suspect they were under the specified age. However, the prosecution would likely argue that the defendant should have reasonably known the victim's age.
• Entrapment: If law enforcement induced the defendant into committing the crime through coercion or overbearing tactics, an entrapment defense may apply. If the defendant was manipulated by authorities into committing the crime, the charges could potentially be dismissed.
• Insufficient Evidence: If the prosecution cannot prove beyond a reasonable doubt that the crime occurred as described in the statute (such as the victim’s age or the nature of the conduct), the defense may challenge the evidence presented.

Aggravated Patronizing a Minor for Prostitution in the First Degree is classified as a Class B felony in New York State. This classification carries extremely serious penalties upon conviction:

• Imprisonment: A Class B felony is punishable by a prison sentence of up to 25 years. The actual sentence imposed will depend on various factors, including the specific circumstances of the crime, the defendant’s criminal history, and potentially the judge's discretion within the sentencing guidelines. Even for “lesser” cases within this charge, significant prison time is a very real possibility.
• Probation or Parole: While less likely in severe cases, probation or parole might be considered in some circumstances, particularly if the case involves mitigating factors and the defendant has no prior criminal record. However, even probation or parole would come with strict conditions and lengthy supervision periods.
• Permanent Criminal Record: A felony conviction for Aggravated Patronizing a Minor will result in a permanent criminal record. This record can have lifelong consequences, impacting employment opportunities, housing, personal relationships, and overall reputation.

Beyond the direct penalties imposed by the court, a conviction under § 230.13 can trigger a range of severe collateral consequences:

• Mandatory Sex Offender Registration: Individuals convicted of this offense will be mandated to register as a sex offender. This registration involves public disclosure of personal information and ongoing monitoring, significantly impacting privacy and social interactions for years, potentially for life, depending on the severity level assigned.
• Difficulty Securing Employment, Housing, or Professional Licenses: A felony conviction, particularly for a sex offense, can create significant barriers to securing employment, especially in fields involving children, healthcare, or education. Housing options may be limited, and professional licenses in various fields can be denied or revoked.
• Immigration Issues: For non-citizens, a conviction for Aggravated Patronizing a Minor for Prostitution can lead to serious immigration consequences, including deportation and denial of future entry into the United States.

Under New York Criminal Procedure Law § 30.10(2)(b), the statute of limitations for a Class B felony like Aggravated Patronizing a Minor for Prostitution in the First Degree is five years. This means that charges must be filed within five years of the date the crime was committed. If charges are not filed within this timeframe, the case may be dismissed due to the expiration of the statute of limitations. However, it’s important to note that this timeframe can be complex and may be subject to certain exceptions or tolling provisions under New York law. This is why it’s critical to consult with an experienced sex crimes attorney serving New York as soon as possible to discuss the specific facts of your case.

A person is guilty of aggravated patronizing a minor for prostitution in the first degree when he or she patronizes a person for prostitution and the person patronized is less than eleven years old, or being eighteen years old or more, he or she patronizes a person for prostitution and the person patronized is less than thirteen years old, and 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 first degree is a class B felony.

If you or someone you know is facing charges under NY Penal Law § 230.13, it is critical to consult with an experienced sex crimes attorney in New York as soon as possible. The consequences of a conviction can be life-altering, and experienced legal representation can help ensure the strongest defense strategy is in place. 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.