When you really take a look at the penal code in the state of New York, it’s pretty easy to get lost in the mountain of legalese, where it’s hard to see the forest for the trees. Things get exceedingly complicated, and it can be really difficult to understand what’s being said, let alone mount a successful legal defense for charges you might be facing. In times like these, it’s often very helpful to break down the law into easily manageable chunks so that you can make real sense of the law. In our ongoing series of posts we’ve taken a detailed look at various offenses in the state of New York’s penal code to break down the complicated language into something that makes more sense. In this post we’re going to be covering the various prostitution offenses. Let’s get started.
Prostitution.
You’re guilty of prostitution when you engage or agree/offer to engage in sex with someone else for a fee. Prostitution is a class B Misdemeanor.
Prostitution; affirmative defense.
It’s important to note that it’s considered to be an affirmative defense that your participation in the offense was the result of being a victim of compelled prostitution or a victim of sex trafficking.
Patronizing a person for prostitution; definitions.
As far as definitions go, you patronize someone for prostitution when you pay a fee as compensation for someone to engage in sex with you, or you pay or agree to pay to someone with the understanding that in return someone will engage in sex with you, or you solicit or request for someone to engage in sex for a fee. A person who’s patronized basically means the person that you engaged in conduct with was to engage in the conduct with the understanding that you were engaging in this sexual conduct.
Prostitution in a school zone.
For this charge, you’re guilty if you’re nineteen or older and acting during the hours that school’s in you commit prostitution at a place that you know or should know is a school zone, and that this act is in direct view of the kids in school. School zone means an area that’s in or on a building, playground, or really any other kind of place that’s on the boundary line of a school. Prostitution in a school zone is a class A misdemeanor.
Patronizing a person for prostitution in the third degree.
You’re guilty of patronizing a person for prostitution in the third degree when you patronize a person for prostitution. Patronizing a person for prostitution in the third degree is considered to be a class A misdemeanor.
Patronizing a person for prostitution in the second degree.
You’re guilty of Patronizing a person for prostitution in the second degree when, being eighteen or older, you patronize someone for prostitution and the person who’s being patronized is less than fifteen years old. Patronizing a person for prostitution in the second degree is a class
E felony.
Patronizing a person for prostitution in the first degree.
For the first degree offense of this charge, you’re guilty when you patronize someone and the person is less than eleven years old, or if you’re over eighteen and you patronize someone for prostitution and the person you’ve patronized is younger than thirteen. Patronizing a person for prostitution in the first degree is considered to be a class D felony.
As you can see, that was actually pretty easy to take the super complicated language of the law and reframe it into something more approximating normal human speech today. When you do this, the task of understanding the state of New York’s penal code goes from being daunting to relatively easy. It’s important in any legal situation to remember that understanding the law alone is not going to save you from your troubles. Knowing the law forward and back can never substitute for having a good NYC criminal lawyer with experience and skill, an attorney who’s always working in your best interests.
New York Penal Code 130.90: Facilitating a Sexual Offense with a Controlled Substance
The New York Penal Code includes a crime known as facilitating a sexual offense with a controlled substance. The crime is classified in the New York Penal Code as a class D felony. Because of the classification of this crime, penalties upon conviction for facilitating a sexual offense with a controlled substance can be significant.
Elements of Facilitating a Sexual Offense with a Controlled Substance
According to the New York penal code, the crime of facilitating a sexual offense with a controlled substance occurs when a controlled substance is administered to another person, without that individual’s consent. The controlled substance is administered in this manner in order permit the perpetrator the ability to commit a felony sex offense against the victim. The sexual offense need only be attempted, rather than consummated, in order for a person to be deemed guilty of facilitating a sexual offense with a controlled substance.
Examples of Facilitating a Sexual Offense with a Controlled Substance
A common example of facilitating a sexual offense with a controlled substance is a man providing a woman with a mind-altering, controlled substance to leave her incapable to stopping a sexual act. For example, a so-called date-rape drug can be slipped into an unsuspecting victim’s drink. Once the drug takes effect, the perpetrator engages in a sexual act with the victim, who has been rendered essentially powerless to stop the activity because of the drug.
Another example, and a more aggravated scenario, involves the use of a controlled substance as a means of facilitating a sexual offense against a minor. For example, an adult could provide a minor with a controlled mind-altering substances as a prelude to taking sexual advantage of that minor child.
Sentence for Facilitating a Sexual Offense with a Controlled Substance
Classified as a class D felony, a person convicted of this charge faces up to seven years in prison. The reality is that this is rarely the only charge a person faces. For example, a person may be charged with facilitating a sexual offense with a controlled substance and rape or some other crime. This will result in a significant sentence, indeed one with multiple terms that might even run consecutively to one another.
The penalties associated with facilitating a sexual offense with a controlled substance do not end with a release from prison. Under New York law, a person will be placed on probation after release from prison. In addition, a person will have to register on the sex offender registry for upwards to 20 years.
Defenses for Facilitating a Sexual Offense with a Controlled Substance
There are some defenses that a skilled, experienced NYC criminal lawyer can mount in a case. One defense is that a controlled substance was not used. The law lists the mind-altering substances that underpin a charge of facilitating a sexual offense with a controlled substance.
Another defense would be the complaining witness has provided false information that lead to the charge of facilitating a sexual offense with a controlled substance. If the alleged victim consented to the sexual act, and was capable of consenting, a person would have a defense to facilitating a sexual offense with a controlled substance.
A person facing an investigation for facilitating a sexual offense with a controlled substance is wise to take a proactive stance in retaining defense counsel. A criminal defense lawyer will schedule what is known as a preliminary consultation to discuss a case with a prospective client. The lawyer will provide a case evaluation. There is no attorney fee charged for an initial consultation in a facilitating a sexual offense with a controlled substance case.