NY Penal Law § 230.15: Promoting Prostitution

Prostitution-related crimes are taken seriously in New York, and NY Penal Law § 230.15 provides key definitions related to promoting prostitution. The law describes how promoting prostitution goes beyond simply engaging in or soliciting prostitution. It includes actions like operating prostitution rings, providing premises for prostitution, or profiting from the proceeds of such activities. By defining these terms, the statute helps criminalize not just the act of prostitution itself, but also the operations that support and perpetuate it, aiming to dismantle networks that exploit others.

If you or someone you know is facing charges related to promoting prostitution, it is essential to seek advice from an experienced New York sex crimes lawyer who can help protect your rights, build a strong defense, and navigate the complexities of the law.

Under NY Penal Law § 230.15, "promoting prostitution" refers to actions that facilitate or support the act of prostitution. This may include engaging in behavior that helps establish, operate, or sustain prostitution-related activities. The law provides a broad definition of what qualifies as promoting prostitution. Here are the key actions that can lead to criminal charges:

1. Causing or Aiding a Person to Engage in Prostitution. One of the primary ways to promote prostitution is by actively encouraging, assisting, or enabling someone to engage in prostitution. This includes actions like:

• Introducing individuals to prostitution.
• Providing the necessary resources (such as transportation, housing, or financial support) to enable them to engage in prostitution.
• Offering guidance, advice, or support to those involved in the sex trade.

An individual who provides these services can be charged under NY Penal Law § 230.15 for promoting prostitution. For example, if someone helps a person find clients for prostitution or offers to pay for their travel to engage in prostitution, they may be guilty of promoting prostitution.

2. Soliciting or Procuring Patrons for Prostitution. Soliciting or procuring patrons for prostitution is another action that constitutes promoting prostitution. This involves recruiting customers for prostitutes, whether through direct solicitation or by advertising services. An individual who promotes or facilitates this exchange, either by arranging meetings between clients and prostitutes or by recruiting clients for sex workers, could face charges for promoting prostitution.

For instance, if someone runs an online escort service or places ads offering prostitution services, they can be charged with promoting prostitution under this statute.

3. Providing Premises for Prostitution. Another form of promoting prostitution involves offering or leasing property for the purpose of prostitution. This could include:

• Renting a home or apartment for prostitution-related activities.
• Leasing hotel rooms or business spaces for prostitution purposes.
• Allowing a property to be used as a venue for prostitution.

Anyone who provides premises for prostitution, whether it is a private residence or a commercial establishment, could be charged with promoting prostitution. For example, a person who rents a room in a hotel specifically for the purpose of prostitution could be considered to be promoting prostitution under NY Penal Law § 230.15.

4. Operating a House of Prostitution. Running or managing a brothel or house of prostitution is a clear example of promoting prostitution. This includes individuals who are responsible for the operation and management of a location where prostitution occurs. The charge applies not just to those who physically run the establishment but also to those who assist with maintaining or operating these businesses.

Anyone who manages, organizes, or facilitates the day-to-day operations of a prostitution business could face charges under this provision. For example, an individual running a brothel, whether on a small scale or large scale, is engaging in promoting prostitution.

5. Engaging in Other Conduct Designed to Facilitate Prostitution. NY Penal Law § 230.15 also covers a wide range of behaviors that indirectly contribute to the operation and sustainability of prostitution. This could include:

• Managing finances related to prostitution.
• Recruiting individuals for prostitution or sex work.
• Providing services or tools that help prostitution operations function (such as security, transportation, or advertising).

This provision is broad enough to encompass anyone who plays a role, directly or indirectly, in supporting prostitution or its infrastructure. Even individuals who do not directly engage in the act of prostitution but assist in facilitating it in any way can be charged with promoting prostitution.

For example, in People v. Hinzmann, 177 Misc. 2d 531, 677 N.Y.S.2d 440 (N.Y. Crim. Ct. 1998), defendants Hinzmann and Thompson were charged with prostitution-related crimes after agreeing to perform a "lap dance" for an undercover officer in exchange for money. The officer was allowed to touch the defendants’ naked breasts and buttocks during the dance. The court found this act constituted prostitution under Penal Law § 230.00, as the performance was intended to satisfy sexual desires for a fee. Defendant Jackson, the manager of the premises where the acts occurred, was charged with promoting prostitution in the third degree for facilitating and profiting from the activity.

This case shows that actions like facilitating or managing prostitution, even if not directly engaging in sexual acts, can result in charges of promoting prostitution.

The law also defines the term “profit from prostitution”. According to NY Penal Law § 230.15, a person profits from prostitution when they accept or receive money, property, or other forms of compensation through an agreement where they share in the financial proceeds of prostitution. This could include individuals who act as intermediaries between prostitutes and clients, as well as those who profit from managing or operating prostitution businesses.

For example, a person who receives a percentage of the money earned by prostitutes or who runs a business where they receive compensation for facilitating prostitution could be charged under this statute for profiting from prostitution. This provision is designed to target those who may not directly engage in prostitution but still benefit financially from the exploitation of others involved in the trade.

Promoting prostitution is considered a serious offense under New York law, with charges ranging from misdemeanors to felonies depending on the actions of the individual and the degree of involvement in the prostitution enterprise. The specific charge can vary based on factors such as the scale of the operation and the individuals involved.

• Promoting Prostitution in a School Zone (NY Penal Law § 230.19): This offense involves the promotion of prostitution within 1,000 feet of a school. It is considered a felony due to the heightened concern for minors in school zones.
• Promoting Prostitution in the Fourth Degree (NY Penal Law § 230.20): A Class E felony, this offense involves promoting prostitution through less severe actions, such as soliciting or operating a single establishment without aggravating factors like minors or a large enterprise.
• Promoting Prostitution in the Third Degree (NY Penal Law § 230.25): This offense involves the basic acts of promoting prostitution, such as facilitating the prostitution of someone who is 16 years or older.
• Promoting Prostitution in the Second Degree (NY Penal Law § 230.30): This offense includes promoting the prostitution of someone under 16 or operating a prostitution ring, with more severe penalties than lower degrees.
• Promoting Prostitution in the First Degree (NY Penal Law § 230.32): This is a more serious felony that applies to individuals involved in managing or operating large-scale prostitution enterprises, typically involving minors or organized criminal operations.

The severity of the charge depends on the specific circumstances, including the age of the individuals involved and the scale of the operation. In cases where individuals are involved in trafficking minors or running large-scale prostitution rings, the penalties can be extremely severe, including lengthy prison sentences and significant fines.

Promoting prostitution is a serious criminal offense in New York, with penalties that vary depending on the degree of the offense. Those convicted under NY Penal Law § 230.15 may face:

• Imprisonment: Depending on the degree of the offense, individuals may face prison sentences ranging from several years to decades.
• Fines: Convictions may result in substantial fines, which can be in the tens of thousands of dollars, depending on the severity of the offense.
• Probation: In some cases, individuals convicted of promoting prostitution may be placed on probation, which may include regular check-ins with probation officers and restrictions on certain activities.
• Sex Offender Registration: In cases where the defendant is convicted, they may be required to register as a sex offender under New York's sex offender registry laws.
• Civil Penalties: Those convicted of promoting prostitution may also face civil penalties, such as being ordered to pay restitution to victims or pay for the costs associated with law enforcement investigations.

The following definitions are applicable to this article:

1. "Advance prostitution." A person "advances prostitution" when, acting other than as a person in prostitution or as a patron thereof, he or she knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.
2. "Profit from prostitution." A person "profits from prostitution" when, acting other than as a person in prostitution receiving compensation for personally rendered prostitution services, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in the proceeds of prostitution activity.

If you or someone you know is facing charges for promoting prostitution, it is critical to consult with an experienced sex crimes attorney in New York who can help protect your rights and work toward the best possible outcome in your case. They can challenge the evidence, raise defenses, and provide guidance throughout the legal process to help minimize the consequences of a conviction. 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.