Many times, criminal charges against the owners, operators, employees and independent contractors associated with an escort service result from an undercover investigation wherein undercover officers acting as customers are offered sexual favors for additional fees. “Johns” are typically arrested when they show up at a hotel to meet a person they believe is a prostitute but who in fact is an undercover police officer.
Charges range from prostitution, patronizing a prostitute, promoting prostitution, sex trafficking and permitting prostitution. Related charges might include money laundering and falsifying business records. Our New York prostitution defense attorneys are skilled in defending all types of prostitution-related offenses. Tilem & Associates, PC is comprised of a former prosecutor and experienced criminal defense lawyers in White Plains, NY who have experience in defending individuals and companies charged with prostitution related offenses.
The Penalties for Prostitution in New York
Prostitution is typically charged as a misdemeanor, with penalties of up to six months in a local jail and a fine of up to $1,000. In some cases, such as when a deadly weapon was involved or when the individual in question has been arrested on prostitution charges in the past, there may be more severe consequences.
An individual can be arrested for prostitution for any of the following:
Agreeing to engage in prostitution
Loitering with the intention of prostitution
Engaging in a lewd act or sexual intercourse for money
Patronizing or Soliciting Prostitution
Typically, escort services advertise in the Yellow Pages, newspapers, magazines and on the Internet. True escort services are legal. It is entirely legal for one to pay another to accompany them and spend time with them. It becomes illegal when money is exchanged for sex or when offers of sex in exchange for money are made or solicited. Simply offering to engage in sexual conduct with another person in return for a fee is prostitution, which is a B misdemeanor. A prostitution defense attorney at our New York firm can help you fight these charges.
Criminal charges for patronizing a prostitute can range from an A misdemeanor to a D felony, depending on the age of the person patronized. For example if the person patronized is less than 11 years of age, the charge is a D Felony. Unlike a statutory rape charge, however, it is a statutory defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.
Engaging in sexual relations with one less than 17 years of age can also result various sex offense charges such as rape, sodomy, sexual abuse and forcible touching.
Promoting & Compelling Prostitution
Owners and operators of escort services, strip clubs or other adult establishments can face a wide range of charges including promoting prostitution, compelling prostitution, sex trafficking and permitting prostitution. Claims by managers and owners that they were not aware of and that they didn’t condone, approve or profit from the sexual acts committed by the escorts often are ineffective because the government can gather evidence and show that the owners and/or managers:
Kept records relating to the sexual preferences of customers
Kept records relating to sexually transmitted diseases that customers had
Counseled escorts on ways to treat and avoid infections that are caused by the frequent use of lubrication and condoms
Counseled the escorts on systems by which they could continue to work during their monthly cycle
Counseled escorts on ways to identify police officers who may be working in an undercover capacity
Or engaged in other conduct that demonstrated a consciousness of guilt
Call a New York Prostitution Defense Lawyer at Tilem & Associates, PC Today
We use our knowledge and experience to your advantage, and take the necessary time to come to an understanding of your needs. There are a number of different defense tactics we may employ, depending on the circumstances involved in your arrest. Regardless of your exact situation, you can count on Tilem & Associates, PC for our help.
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