Understanding Prostitution Laws in New York
Prostitution has been pointed to as the oldest profession in the world. In many places, girls and women turn to the practice as a final means of survival. Societies and authorities around the world have determined the practice to be morally and legally wrong, therefore, worthy of punishment. It is actually among the serious crimes. The penalty for engaging in prostitution, whether as the client or prostitute, varies according to the seriousness of the matter.
The Viewpoints on Prostitution
Prostitution is viewed as a way of exploiting girls and women who don’t have other opportunities to make money. Other people see it as a way of exploiting vulnerable men. Generally, it is viewed as a profession that contributes greatly to the spread of STDs and HIV/AIDS. This claim is, however, unfounded. For instance, in a certain study, only 15 percent of prostitutes were reported to have STDs. Being an illegal profession, prostitution has come to be associated with all sorts of crimes. Women and girls usually carry weapons for protection and are known to use all types of hard drugs to deal with the stresses of life on the streets.
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Legal Ramifications in New York
Prostitution is considered a victimless crime since the parties involved are both consenting. In New York, it is classified as a Class B misdemeanor, and is, therefore, punished using monetary fines and jail time. It carries a maximum sentence of three months in jail and monetary fines of up to $500. The law does not discriminate offenders based on gender or sexual orientation.
Both the buyer and seller of sexual favors get punished for engaging in the act. The buyer gets charged with the crime of patronizing prostitution. Legally, this is described as the paying of money as compensation for sexual favors. People who broker sex between the buyers and sellers also get charged with the crime of patronizing prostitution. The same law applies to people who offer money for sexual services, even if they don’t end up getting what they paid for. Cases of patronizing prostitution are treated as class A misdemeanors.
Aggravating Factors and Penalties
Acts of prostitution are punished more severely if done near schools, or in places where students can see. In such cases, the crime is treated as a class A misdemeanor and is punished by up to 1 year in jail and a monetary fine of up to $1,000.
The crime of patronizing prostitution is taken more seriously if the buyer or broker involves sellers under the age of 14. In New York, this is classified as a Class E misdemeanor. The punishment for this crime is up to 4 years in jail and a fine of up to $5,000. Buyers over the age of 18 are also punished harshly. The crime gets more serious if the seller is under the age of 11. This becomes a class D misdemeanor and carries a charge of up to 7 years imprisonment and a fine of up to $5,000.
Consequences Beyond Legal Punishment
People who get convicted of patronizing prostitutes under the age of 17 have to register as sex offenders. In some professions, the offender will be revoked of their license. For example, teachers will be relieved of their duties if they have to register as sex offenders. Beyond this, the crime will leave you with a criminal record.
Defenses Against Prostitution Charges
One defense you can employ when charged with prostitution is entrapment. In cases where the agent posed as an undercover prostitute or pimp, the defendant can claim to have been lured into the act. In some cases, people against prostitution and illegal activities actually get lured by undercover agents.
In cases where a person is charged with pimping or paying a girl under 14 or 11 years old, they can claim that they received false information. This defense is usually acceptable if the girl looks mature. Using this defense will only reduce the severity of your charge.
In New York, proof of the agreement to have sex might have to be produced in order for judgment to be passed. Otherwise, there might not be enough evidence to suggest that the accused people intended to break the law. This defense can be applied when there is not a clear conclusion about the agreement. In case the conversation was recorded, it may be argued that the exact intention was not to engage in the act for money. If the people did not actually go ahead and transact money for sexual favors, this argument could be much stronger. The conversation could simply have been a fun chat.
Conclusion
Prostitution charges carry heavy penalties. These apply to buyers, sellers, and brokers of the services. In New York, the severity of the punishment is determined by certain factors, including the age of the participants and the proximity of their acts to schools. If convicted, you can call a Brooklyn attorney to defend you in a court of law.