NY Penal Law § 230.25: Promoting Prostitution in the Third Degree

Prostitution-related offenses in New York carry serious consequences, particularly when an individual profits from or facilitates prostitution. Under New York Penal Law § 230.25, a person is guilty of promoting prostitution in the third degree under specific circumstances related to managing prostitution businesses, facilitating prostitution through force, or profiting from the prostitution of minors or prostitution businesses. This offense is classified as a class D felony, carrying severe penalties upon conviction. If you are under investigation or facing charges, speaking with an experienced New York sex crimes lawyer is critical to understanding your legal options and building a strong defense.

A person commits this offense if they knowingly:

• Operate, manage, supervise, or own a prostitution enterprise involving two or more people engaged in prostitution.
• Sell or provide travel-related services with the knowledge that the services are intended to facilitate travel for prostitution, including trips to foreign jurisdictions, even if prostitution is legal there.
• Profit from the prostitution of a person under 19 years old.

The law is designed to target individuals who benefit financially from prostitution operations rather than those who engage in isolated acts of solicitation. The prosecution must prove that the accused actively facilitated, controlled, or profited from prostitution to secure a conviction.

Anyone accused of this offense should immediately seek the guidance of an experienced sex crimes attorney in New York to protect their rights and prepare a solid legal defense.

Under New York Penal Law § 230.15, a person advances prostitution when they cause, encourage, or facilitate another person to engage in prostitution. A person profits from prostitution when they accept or receive money or other benefits from a prostitute’s earnings. This does not include individuals who engage in prostitution themselves but rather those who act as organizers, business operators, or intermediaries.

A 37-year-old woman was arrested in Queens for running an illicit massage parlor that offered sexual services. Investigators found that she supervised multiple individuals engaging in prostitution and collected a percentage of their earnings. Because she profited from prostitution involving more than two people, she was charged with Promoting Prostitution in the Third Degree under § 230.25. This case illustrates how an individual managing or financially benefiting from prostitution can face felony charges.

Other charges often associated with promoting prostitution in the third degree include:

• Promoting Prostitution in the Second Degree (NY Penal Law § 230.30): A Class C felony that applies when a person promotes the prostitution of someone under 16 or engages in coercion.
• Promoting Prostitution in the First Degree (NY Penal Law § 230.32): A Class B felony charged when a person compels another into prostitution using force, intimidation, or threats.
• Sex Trafficking (NY Penal Law § 230.34): A Class B felony for individuals who induce or force someone into prostitution through fraud, coercion, or manipulation.
• Patronizing a Person for Prostitution (NY Penal Law § 230.04–230.08): These offenses apply to individuals who solicit or engage in prostitution, with heightened penalties if the person patronized is a minor or the act occurs in a school zone.

A strong defense is crucial when facing charges of Promoting Prostitution in the Third Degree. Some potential defenses a New York criminal defense lawyer may explore include:

• Lack of Knowledge: The prosecution must prove that the accused knowingly managed or profited from prostitution. If the defendant was genuinely unaware of the illegal activity, this may serve as a defense. For instance, if someone unknowingly rents property to individuals who then operate a prostitution business without the landlord's awareness, lack of knowledge could be a potential defense.
• Lack of Control: The statute requires that the person "manages, supervises, controls, or owns" the prostitution operation. If the accused had no supervisory role, managerial authority, or financial interest in the prostitution operation and was not in a position of control, they may argue that they were not advancing or profiting from it. However, simply being a low-level employee is not an automatic defense if they are knowingly involved in advancing or profiting from prostitution.
• Entrapment: If law enforcement used coercive tactics, threats, deception, or undue pressure to induce the defendant into facilitating prostitution, an entrapment defense under NY Penal Law § 40.05 may apply. In New York, entrapment occurs when law enforcement affirmatively induces or encourages an individual to commit an offense that they would not have otherwise committed. To establish entrapment, it must be shown that law enforcement engaged in conduct that created a substantial risk that a person not otherwise disposed to commit the offense would do so. The defense of entrapment recognizes that law enforcement should not manufacture crime. As the U.S. Supreme Court noted in Sherman v. United States, 356 U.S. 369 (1958), law enforcement must not "implant in an innocent person’s mind the disposition to commit the alleged offense and induce its commission in order that they may prosecute." Entrapment focuses on both the conduct of law enforcement in inducing the crime and the predisposition of the defendant – whether they were already inclined to commit the crime or were induced to do so solely by law enforcement actions.

Since promoting prostitution in the third degree is classified as a Class D felony, a conviction can result in:

• Up to 7 years in prison
• Probation or supervised release
• A felony criminal record

Other potential consequences include:

• Asset forfeiture if profits were obtained through prostitution-related activities
• Restrictions on business operations, including closures of implicated establishments
• Immigration consequences for non-citizens, including potential deportation

A conviction for this charge can have life-altering consequences, making it essential to work with an experienced New York sex crimes lawyer to explore all available legal strategies.

Under New York Criminal Procedure Law § 30.10(2)(b), the statute of limitations for a felony is five years. If charges are not filed within this period, the case may be dismissed.

Facing charges for Promoting Prostitution in the Third Degree under NY Penal Law § 230.25 can be an extremely stressful and frightening experience. The potential consequences, including significant prison time, a felony record, and lasting damage to your reputation, demand a strong and knowledgeable defense.

At Stephen Bilkis & Associates, we understand the gravity of these charges and are committed to providing robust and effective legal representation. Our firm has a proven track record of defending individuals accused of serious crimes, and we possess a deep understanding of the nuances of New York Penal Law § 230.25 and related offenses. 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.