NY Penal Law § 230.32: Promoting Prostitution in the First Degree

Promoting prostitution in the first degree is one of the most serious sex crime charges under New York law. Under NY Penal Law § 230.32, this Class B felony applies when someone knowingly advances or profits from the prostitution of a minor. A conviction carries a potential prison sentence of up to 25 years and mandatory sex offender registration. If you are under investigation or have been arrested for this offense, it is critical to immediately speak with an experienced New York sex crimes lawyer as soon as possible.

Under NY Penal Law § 230.32, a person is guilty of promoting prostitution in the first degree when:

• They knowingly advance or profit from the prostitution of a person under thirteen years old; or
• They are twenty-one years old or older and knowingly advance or profit from the prostitution of a person under fifteen years old.

This means that an individual does not need to personally engage in prostitution to be charged. Instead, the focus is on whether the person facilitated, encouraged, or profited from the prostitution of a minor. Key definitions under New York law include:

• Advance prostitution: Taking steps to cause or facilitate prostitution. This includes actions such as recruiting minors, providing a location for prostitution, or transporting minors for the purpose of engaging in commercial sex acts.
• Profit from prostitution: Receiving money or something of value from the earnings of prostitution, whether directly (such as taking a share of a minor’s prostitution earnings) or indirectly (such as benefiting from proceeds through a third party).
• Knowingly: The prosecution must prove that the defendant was aware they were advancing or profiting from prostitution. However, a lack of knowledge about the minor’s age is not a valid defense if the victim was under thirteen. For victims under fifteen, certain defenses may apply, but they are limited.

The scope of NY Penal Law § 230.32 is broad and can encompass various individuals involved in the exploitation of minors for prostitution. Some examples include:

• Pimps and Traffickers: Individuals who directly control, manage, and exploit minors for financial gain through prostitution. This often involves coercion, manipulation, and control over the minor's life.
• Business Owners or Landlords: Those who own or manage businesses or properties and knowingly allow or facilitate the prostitution of minors to take place on their premises. This could include hotel managers, massage parlor owners, or landlords who are aware of the illegal activity.
• Drivers or Transporters: Individuals who facilitate the prostitution of minors by providing transportation, knowing the purpose of the travel.
• Third Parties Benefiting Financially: Any individual who directly or indirectly receives financial benefits or other things of value from the prostitution of a minor, even if they are not directly involved in the arrangements.

Other New York laws that may be charged alongside or instead of promoting prostitution in the first degree include:

• Sex Trafficking (NY Penal Law § 230.34) – A Class B felony, sex trafficking charges may apply when force, fraud, or coercion is used to make someone engage in prostitution.
• Compelling Prostitution (NY Penal Law § 230.33) – A Class B felony involving the use of force or intimidation to compel another person to engage in prostitution.
• Endangering the Welfare of a Child (NY Penal Law § 260.10) – A Class A misdemeanor that can be added if an adult exposes a minor to situations that could harm their well-being.
• Promoting Prostitution in the Second Degree (NY Penal Law § 230.30) – A lesser felony charge that applies when the person patronized is under eighteen, but not young enough to meet the criteria for a first-degree charge.

Because NY Penal Law § 230.32 classifies promoting prostitution in the first degree as a Class B felony, a conviction carries serious penalties, including:

• A mandatory prison sentence of up to 25 years
• Fines up to $30,000
• Sex offender registration under New York’s Sex Offender Registration Act (SORA)
• Supervised release or parole after serving time
• Permanent felony record, making future employment and housing opportunities difficult

For non-citizens, this conviction can lead to deportation or removal proceedings, as it is considered an aggravated felony under federal immigration law.

While NY Penal Law § 230.32 is a strict statute, there are some possible defenses that a skilled criminal defense attorney may raise:

• Lack of Knowledge of Age. For victims under fifteen, a defendant may argue they did not know and had no reason to know the person’s true age. However, this defense does not apply if the victim was under thirteen.
• Entrapment. If law enforcement used coercion, threats, or deceit to induce someone to commit the crime, the defense of entrapment under NY Penal Law § 40.05 may apply. For example, if police pressured or manipulated a person into facilitating prostitution when they otherwise would not have, the charges could be challenged.
• Insufficient Evidence. The prosecution must prove beyond a reasonable doubt that the defendant knowingly advanced or profited from the prostitution of a minor. If there is insufficient evidence—such as a lack of credible witness testimony or no direct financial gain—this can weaken the prosecution’s case.

Under NY Criminal Procedure Law § 30.10(2)(a), the statute of limitations for Class B felonies is five years. This means that the prosecution must initiate criminal charges within five years from the date of the alleged offense. If charges are not filed within this period, the case may be dismissed. However, certain exceptions can extend this time limit, including:

• DNA Evidence: If new DNA evidence emerges linking a suspect to the crime, the statute of limitations may be extended.
• Fugitive Status: If the accused is not present in New York and has intentionally avoided prosecution, the statute of limitations may be tolled until their return.
• Ongoing Investigations: In cases where an ongoing investigation uncovers new evidence within the five-year window, prosecutors may still file charges before the period expires.

Given the complexity of these rules, anyone facing potential charges under NY Penal Law § 230.32 should immediately consult an experienced sex crimes attorney serving New York to assess whether the statute of limitations applies in their case.

A person is guilty of promoting prostitution in the first degree when he or she: 

1. knowingly advances or profits from prostitution of a person less than thirteen years old; or 
2. being twenty-one years old or more, he or she knowingly advances or profits from prostitution of a person less than fifteen years old. 

Promoting prostitution in the first degree is a class B felony.

If you have been charged with promoting prostitution in the first degree or are under investigation, do not wait. These charges can change your life forever. At Stephen Bilkis & Associates, we will carefully review the facts, challenge the evidence, and fight to protect your rights. Contact at experienced sex crimes attorney serving New York at Stephen Bilkis & Associates at 800.696.9529 to schedule a free 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 by contacting an experienced New York sex crimes lawyer today.