PL 230.00 · Article 230

Prostitution

Prostitution alleges that a person engaged, agreed or offered to engage in sexual conduct with another person in return for a fee. New York law offers pathways such as human-trafficking defenses and vacatur for people who were trafficked.

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What the prosecutor must prove

  • The accused engaged, agreed or offered to engage in sexual conduct with another person.
  • It was in return for a fee.

Defenses that commonly apply

  • No agreement for a fee was made; entrapment issues in sting operations.
  • Human-trafficking victim protections (CPL 440.10(1)(i)).
  • The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
  • Challenging identification, witness credibility, and the reliability of statements to police.
  • Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to Up to $500 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related practice areas

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