The reality is that prostitution has largely moved from the street corners to the internet. Many websites provide a forum to buy or sell virtually anything, including sex. A person is guilty of violating this statute when that person engages, agrees, or offers to engage in sexual conduct with another person in return for a fee.
Prostitution is not a gender-specific, or role-specific, crime. The statute is written so that both the buyer and seller of sex, whether male or female, can be equally charged and convicted based on the transaction or the agreement to the transaction.
Other prostitution charges in New York City may contain aggravating factors such as the age of individual selling sex, or the proximity to a school, or if one of the parties is forced to engage. However, the crime of Prostitution simply concerns two consenting adults who agree to engage in sexual intercourse for some negotiated fee. A skilled prostitution attorney could assess the charges someone is facing and determine how to best prepare a defense based on these charges.
Prostitution is a class B misdemeanor, punishable by up to 90 days in jail. While prospective employers, educational institutions, or licensing agencies may understand youthful indiscretions, the nature of prostitution charges cause people to immediately view the offender in a far more negative light.
Unlike some other offenses, Prostitution is considered an offense to morality as well as the Penal Law, which people feel justified in judging more harshly. The person soliciting or agreeing to pay a fee for the sexual conduct is referred to as a patron.
