NY Penal Law § 230.20: Promoting Prostitution in the Fourth Degree

New York law takes a firm stance against prostitution-related offenses, targeting not only individuals directly involved in prostitution but also those who facilitate or promote it. Under New York Penal Law § 230.20, you could face charges for Promoting Prostitution in the Fourth Degree if you knowingly advance or profit from prostitution, or if you distribute obscene or nude materials with the intention of furthering prostitution.

This charge is classified as a Class A misdemeanor, carrying serious potential penalties including jail time, fines, probation, and a permanent criminal record. If you are facing these charges, it is crucial to understand that even a misdemeanor conviction can have lasting repercussions. Consulting with an experienced New York sex crimes lawyer is not just advisable – it is critical to fully understand your legal options and vigorously protect your rights and future.

To secure a conviction for Promoting Prostitution in the Fourth Degree, the prosecution must prove that the defendant engaged in one of the following:

• Advancing or Profiting from Prostitution
  • A person advances prostitution if they facilitate, encourage, or assist in prostitution-related activities, such as recruiting individuals for prostitution or managing operations.
  • A person profits from prostitution if they receive financial benefits from prostitution, other than payment for personal services as a prostitute.
• Distributing or Disseminating Obscene or Nude Materials to Promote Prostitution
  • The law criminalizes distributing obscene materials or nudity-related content to ten or more people in a public place with the intent to advance or profit from prostitution.
  • The materials must meet the legal definitions of obscenity under NY Penal Law § 235.00 or nudity under NY Penal Law § 245.10.

If you have been accused of this offense, an experienced sex crimes attorney in New York can assess the prosecution’s case and identify possible defenses.

A person may be charged with this offense in various situations, including:

• Managing or directing prostitution-related activities, such as arranging client meetings.
• Receiving money from prostitution earnings, even without directly participating.
• Handing out obscene flyers to promote prostitution in public spaces.

Since Promoting Prostitution in the Fourth Degree is a Class A misdemeanor, potential penalties include:

• Jail Time – Up to one year in jail.
• Probation – Up to three years instead of jail time.
• Fines – Up to $1,000, or twice the financial gain from the offense.
• Criminal Record – A conviction can impact employment, housing, and immigration status.

Because a criminal record can have lasting consequences, working with an experienced New York sex crimes lawyer can be the difference between a conviction and a successful defense.

New York law recognizes multiple degrees of Promoting Prostitution, with increased penalties based on the offense’s severity:

• Third Degree (NY Penal Law § 230.25) – Involves profiting from multiple individuals or anyone under 19 (Class D felony).
• Second Degree (NY Penal Law § 230.30) – Involves profiting from a minor under 16 or using coercion (Class C felony).
• First Degree (NY Penal Law § 230.32) – Involves profiting from the prostitution of a child under 13 (Class B felony).

A charge under NY Penal Law § 230.20 is the least severe, but it can still have serious consequences. Consulting an experienced sex crimes attorney in New York early in the process can help mitigate potential penalties.

Individuals charged under NY Penal Law § 230.20 may have several legal defenses, such as:

• Lack of Knowledge or Intent: The prosecution bears the burden of proving that you knowingly promoted prostitution. If you were genuinely unaware of the prostitution-related nature of the activities, or lacked the intent to promote prostitution, this could be a viable defense. For example, if you managed a property and unknowingly rented to individuals who then engaged in prostitution without your knowledge or intent, this could form the basis of this defense.
• Insufficient Evidence: Often, Promoting Prostitution cases rely on circumstantial evidence, interpretations of communications, or the testimony of informants. If the prosecution's evidence is weak, contradictory, or lacks credibility, a skilled New York sex crimes lawyer can challenge its sufficiency, potentially leading to dismissal of the charges or an acquittal at trial.
• First Amendment Protections: In cases involving the distribution of materials deemed obscene or nude, a strong defense can be built by arguing that the materials in question do not actually meet the strict legal definition of obscenity under NY Penal Law § 235.00, or that the distribution itself is protected speech under the First Amendment.
• Entrapment: If law enforcement went beyond simply providing an opportunity to commit a crime and actively induced, coerced, or pressured you into promoting prostitution when you were not predisposed to do so, the defense of entrapment may apply.
• No Financial Benefit from Prostitution: To be convicted of Promoting Prostitution based on "profiting," the prosecution must prove you received a financial benefit from prostitution. If your involvement was limited and did not result in demonstrable personal financial gain that was directly linked to prostitution (beyond perhaps legitimate wages for unrelated services), this defense could be applicable.

The statute of limitations sets a time limit for prosecutors to bring criminal charges. For Promoting Prostitution in the Fourth Degree under NY Penal Law § 230.20, which is classified as a Class A misdemeanor, the statute of limitations is two years from the date of the alleged offense (NY CPL § 30.10(2)(c)).

This means that if more than two years have passed since the alleged offense, the prosecution is generally barred from filing charges. However, certain circumstances—such as if the accused was outside of New York—could extend this time period.

If you are unsure whether the statute of limitations applies to your case, consulting an experienced New York sex crimes lawyer is essential. A skilled attorney can assess the specifics of your situation and determine whether the charges against you are still legally valid.

A person is guilty of Promoting Prostitution in the Fourth Degree if they knowingly:

1. Advance or profit from prostitution; or
2. With the intent to advance or profit from prostitution, distribute or disseminate obscene material (as defined in NY Penal Law § 235.00) or material depicting nudity (as defined in NY Penal Law § 245.10) to ten or more people in a public place.

Promoting Prostitution in the Fourth Degree is classified as a Class A misdemeanor.

Being charged with Promoting Prostitution in the Fourth Degree under NY Penal Law § 230.20 is a serious matter. While it is classified as a misdemeanor, a conviction can lead to jail time, fines, and a lasting criminal record. This law is designed to penalize those who facilitate prostitution, but in some cases, it is applied too broadly, leading to unfair prosecutions.

If you are facing charges, it is critical to seek representation from an experienced New York sex crimes lawyer who will carefully examine the details of your case, challenge weak or insufficient evidence, and develop a strong defense strategy to protect your rights and future. Do not face these charges alone. 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.