NY Penal Law § 230.19: Promoting Prostitution in a School Zone

Prostitution-related offenses in New York are taken seriously, and certain circumstances elevate the severity of these crimes. One such circumstance occurs when prostitution-related activities happen within a school zone. Under New York Penal Law § 230.19, promoting prostitution in a school zone is classified as a Class E felony, carrying significantly harsher consequences than other related offenses.

The law is specifically designed to target individuals who knowingly profit from or advance prostitution activities in areas where children are present during school hours. The fact that this offense occurs within a school zone makes it a more serious crime than general prostitution offenses, and it is treated with a higher level of scrutiny.

If you or someone you know is facing allegations or charges under NY Penal Law § 230.19, it is absolutely critical to seek immediate legal counsel from a New York sex crimes lawyer with extensive experience in defending these complex cases. Protecting your rights and building the strongest possible defense starts with experienced legal representation

Under New York Penal Law § 230.19, a person is guilty of promoting prostitution in a school zone if:

• The individual is 19 years of age or older.
• The individual knowingly advances or profits from prostitution that they know or reasonably should know is being committed in violation of NY Penal Law § 230.03.
• The prostitution occurs in a school zone during the hours when school is in session.

The key elements of this statute are the defendant’s age, the knowledge that prostitution is happening or will happen in a school zone, and the timing of the offense, which must occur while school is in session.

A “school zone,” as defined in NY Penal Law § 230.03(2), refers to any area within 1,000 feet of the property line of a public or private elementary, middle, or high school, or any building, structure, or facility used for educational purposes within that range.

This law is designed to address instances where individuals take advantage of or promote prostitution activities near schools, potentially exposing children to such conduct.

The concept of "promoting prostitution" under New York law is broad and encompasses a range of actions beyond direct involvement in sexual acts. It centers around knowingly advancing or profiting from prostitution activities. This can include, but is not limited to, the following types of conduct:

• Recruiting individuals into prostitution: Actively seeking out or persuading people to engage in prostitution.
• Managing or operating a location for prostitution: Overseeing or running a business or premises where prostitution occurs, such as a spa, massage parlor, or apartment.
• Advertising or soliciting prostitution services: Promoting prostitution services through advertisements, websites, or direct solicitation.
• Transporting individuals for prostitution: Driving or arranging transportation for people to engage in prostitution activities.
• Acting as a pimp or intermediary: Connecting prostitutes with clients and facilitating prostitution arrangements.
• Collecting proceeds from prostitution: Receiving or controlling money earned from prostitution activities.
• Providing resources or support to a prostitution operation: Supplying equipment, supplies, or other assistance to a prostitution business, with knowledge of its nature and location.
• Encouraging or inducing someone to become or remain a prostitute.
• Arranging encounters for prostitution.

It is important to understand that the prosecution does not need to prove that sexual activity actually took place for a charge of Promoting Prostitution in a School Zone. The focus is on whether the defendant knowingly took steps to promote or profit from prostitution that they knew, or reasonably should have known, was occurring in a school zone during school hours.

In November 2024, Nongchu Huang, the 44-year-old owner of Linglong Harmony Spa in Marine Park, Brooklyn, was arrested and charged under NY Penal Law § 230.19 for promoting prostitution in a school zone, a Class E felony. The spa, located within 1,000 feet of a local school, was allegedly the site of prostitution activities that occurred during school hours, making the offense subject to the enhanced penalties specified in the statute. Huang’s arrest came after community complaints, and an undercover operation confirmed the illicit activities at the spa. The case was reported by News 12 Brooklyn on November 21, 202

Other charges that may be related to promoting prostitution in a school zone include:

• Promoting Prostitution in the First Degree (NY Penal Law § 230.06): A Class D felony that applies to more severe cases where the promotion of prostitution involves minors or other aggravating factors.
• Patronizing a Person for Prostitution in a School Zone (NY Penal Law § 230.08): A Class E felony charged when a person engages in or agrees to pay for sexual conduct with a minor in a school zone.
• Sex Trafficking (NY Penal Law § 230.34): A more serious felony charge for individuals who force, coerce, or manipulate another into prostitution, especially when minors are involved.

Some possible defenses to charges of promoting prostitution in a school zone include:

• Lack of Knowledge: Under NY Penal Law § 230.19, a defense based on lack of knowledge can be raised if the defendant can show that they did not know or have reason to know that the prostitution was occurring in a school zone. The statute requires that the defendant "know or reasonably should know" that the offense took place in a school zone, and this presents a high bar for the defense. The phrase "reasonably should know" means that a defendant cannot simply claim ignorance of the location unless they can prove that, under the circumstances, it would have been unreasonable for them to have known they were in a school zone. New York courts generally hold defendants to a strict liability standard regarding the location of the crime. In many cases, school zones are clearly marked with signs or located in well-known areas where the presence of a school is obvious. Therefore, it is unlikely that a defendant could successfully claim a lack of knowledge defense unless there are unique circumstances, such as poor visibility of school zone signage or a location where the school is not easily identifiable. The "reasonably should know" standard means the defendant is expected to be aware of their surroundings, and failing to do so is not a valid defense.
• Lack of Knowledge Regarding School Hours: If the defendant did not know or reasonably should not have known that school was in session at the time of the offense, it may be a valid defense.
• Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant knowingly promoted or profited from prostitution in a school zone during the hours when school was in session. If the evidence does not meet this standard, the defendant may challenge the charges on these grounds.

Since promoting prostitution in a school zone is classified as a Class E felony, a conviction can result in:

• Up to 4 years in prison: This is the maximum prison sentence for a Class E felony. However, judges may also consider other factors, such as the defendant’s criminal history and the specifics of the case, which could result in a lesser sentence.
• Probation or supervised release: Instead of, or in addition to, prison time, a defendant may be sentenced to probation, which could involve regular check-ins with a probation officer, drug testing, community service, or other conditions aimed at rehabilitation.
• A felony criminal record: Being convicted of a Class E felony results in a permanent criminal record, which can significantly impact a person’s future. It may lead to challenges in securing employment, housing, and professional licenses.
• Mandatory sex offender registration: Because promoting prostitution in a school zone is a registrable offense under New York law, the defendant will be required to register as a sex offender. This includes periodic reporting to law enforcement, as well as having their personal information made publicly available through the New York State Sex Offender Registry.

The statute of limitations for prosecuting Promoting Prostitution in a School Zone under NY Penal Law § 230.19 is governed by New York Criminal Procedure Law § 30.10(2)(b), which sets the statute of limitations for felonies at five years. This means that the prosecution must file charges for promoting prostitution in a school zone within five years from the date the alleged crime was committed.

If charges are not brought within this five-year period, the defendant can request the dismissal of the charges based on the statute of limitations. However, as with many legal principles, there are exceptions. Certain actions, such as the defendant's concealment or efforts to evade law enforcement, may extend or toll the statute of limitations, allowing the prosecution additional time to bring charges.

1. A person is guilty of promoting prostitution in a school zone when, being 19 years old or more, he or she knowingly advances or profits from prostitution that he or she knows or reasonably should know is or will be committed in violation of section 230.03 of this article in a school zone during the hours that school is in session.
2. For purposes of this section, "school zone" shall mean "school zone" as defined in subdivision two of section 230.03 of this article.

Promoting prostitution in a school zone is a Class E felony.

A felony charge for promoting prostitution in a school zone can have serious and lasting consequences. If you or someone you know is facing charges under NY Penal Law § 230.19, it is vital to immediately contact an experienced sex crimes attorney in New York. 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.