Statutes

Facing a prostitution charge in New York is an intimidating and potentially life-changing ordeal. At Cimasi Law Office, we recognize the severity of this situation and are dedicated to offering you the strongest defense available. Our attorneys are deeply knowledgeable about the complexities of New York’s prostitution statutes, ensuring that your defense is both informed and strategically crafted.



The applicability of these statutes may vary based on the specifics of each case, including prior convictions, the level of intoxication, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.

Possible Penalties

Facing a prostitution charge is a distressing experience that can profoundly impact your future. At Cimasi Law Office, we possess a wealth of experience in managing cases related to prostitution, and we are intimately familiar with the nuances of New York State’s legal system. We are dedicated to offering you the most effective defense strategy, tailored to mitigate the penalties you may encounter.


  • Prostitution (Penal Law § 230.00): Classified as a Class B misdemeanor. Penalties can include up to 3 months in jail and/or a fine of up to $500.
  • Patronizing a Prostitute in the Third Degree (Penal Law § 230.04): This is a Class A misdemeanor. Penalties can include up to 1 year in jail, probation for up to 3 years, and/or a fine.
  • Patronizing a Prostitute in the Second Degree (Penal Law § 230.05): This is a Class E felony, applicable when the prostitute is less than 15 years old. Penalties can include a prison sentence ranging from a minimum of 1 year to a maximum of 4 years for first-time offenders, and/or a fine.
  • Patronizing a Prostitute in the First Degree (Penal Law § 230.06): This is a Class D felony, applicable when the prostitute is less than 11 years old. Penalties can include a prison sentence ranging from a minimum of 2 years to a maximum of 7 years for first-time offenders, and/or a fine.
  • Promoting Prostitution in the Fourth Degree (Penal Law § 230.20): Classified as a Class A misdemeanor. Penalties can include up to 1 year in jail, probation for up to 3 years, and/or a fine.
  • Promoting Prostitution in the Third Degree (Penal Law § 230.25): This is a Class D felony. Penalties can include a prison sentence ranging from a minimum of 1 year to a maximum of 7 years, and/or a fine.
  • Promoting Prostitution in the Second Degree (Penal Law § 230.30): This is a Class C felony, often involving minors. Penalties can include a prison sentence ranging from a minimum of 1 year to a maximum of 15 years, and/or a fine.
  • Promoting Prostitution in the First Degree (Penal Law § 230.32): This is a Class B felony, involving compelling prostitution through force or fraud. Penalties can include a prison sentence ranging from a minimum of 1 year to a maximum of 25 years, and/or a fine.
  • Compelling Prostitution (Penal Law § 230.33): This is a Class B felony, involving forcing someone into prostitution or causing a person under 16 to engage in prostitution. Penalties can include a prison sentence ranging from a minimum of 1 year to a maximum of 25 years, and/or a fine.
  • Sex Trafficking (Penal Law § 230.34): This is a Class B felony. Penalties can include a prison sentence ranging from a minimum of 1 year to a maximum of 25 years, and/or a fine.
  • Aggravated Patronizing a Minor for Prostitution: The penalties increase with the severity of the charge, from a Class E felony for patronizing a minor under the age of 17 to a Class B felony for patronizing a minor under the age of 11, with corresponding increases in potential prison time and fines.

Penalties may vary based on the specifics of each case, such as the nature of the offense, prior convictions, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.

Defense Strategies

Facing a prostitution charge in New York State is an emotionally taxing and legally complex situation. At Cimasi Law Office, we specialize in crafting robust defense strategies tailored to prostitution cases. Our experienced attorneys are committed to leveraging their deep understanding of New York State laws and procedures to minimize the penalties you may face and protect your future.


  • Lack of Evidence: Arguing that the prosecution does not have sufficient evidence to prove beyond a reasonable doubt that the defendant engaged in, or agreed to engage in, sexual conduct for a fee.
  • Mistake of Fact: Claiming that the defendant was mistaken about certain facts that negate an element of the offense, such as misunderstanding the nature of the encounter.
  • Entrapment: Demonstrating that the defendant was induced to commit the act by law enforcement officers or their agents, who used coercion, harassment, fraud, or other improper methods. This defense is applicable if the defendant can show they were not predisposed to commit the crime until the law enforcement’s intervention.
  • Insufficient Intent: Arguing that the defendant did not have the specific intent to engage in prostitution. This could involve showing that any agreement or offer was made without the intention to follow through.
  • Violation of Constitutional Rights: Asserting that the defendant’s rights were violated during the investigation or arrest, such as illegal search and seizure, or not being read their Miranda rights, which could lead to certain evidence being inadmissible in court.
  • Lack of Knowledge: Claiming the defendant did not know that the person they were interacting with was a prostitute or did not understand the nature of the agreement due to language barriers or other misunderstandings.
  • Withdrawal: Demonstrating that the defendant decided to withdraw from the agreement before any criminal act was committed, showing a lack of completion of the crime.
  • Victim of Sex Trafficking: In cases where the defendant is actually a victim of sex trafficking, this can be a defense to prostitution charges under certain circumstances, as New York law recognizes the complex dynamics of exploitation and coercion in such situations.

Note: Defense strategies may vary based on the specifics of each case, such as the nature of the offense, the circumstances of the arrest, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.

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