Long Island Prostitution and Patronizing Lawyer (PL 230.00, 230.04)
Prostitution and patronizing charges on Long Island usually come from police stings, online ads or massage parlor investigations. Most are misdemeanors, but a conviction can follow you into background checks, professional licensing and immigration. Many cases can be resolved without a criminal record. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who handles these cases discreetly in Nassau and Suffolk County.
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Former Prosecutor
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Arrested in a sting or massage parlor investigation?
Call before your first court date. Consultations are confidential, and many of these cases end in a dismissal and sealed record.
Prostitution-related charges in New York
| Charge | What it covers | Level |
|---|---|---|
| Prostitution (PL 230.00) | Engaging, agreeing or offering to engage in sexual conduct for a fee | Class B misdemeanor: up to 3 months |
| Patronizing a person for prostitution, 3rd degree (PL 230.04) | Paying, agreeing or offering to pay for sexual conduct with an adult. This is the usual charge for the customer in a sting | Class A misdemeanor: up to 364 days |
| Patronizing a person for prostitution, 2nd and 1st degree (PL 230.05, 230.06) | The other person is a minor: under 15 (2nd degree) or under 13 (1st degree) | Class E and D felonies |
| Promoting prostitution (PL 230.15 to 230.32) | Running, managing or profiting from prostitution, such as operating a business | Class A misdemeanor to class B felony |
| Unauthorized practice of massage therapy (Education Law 6512) | Performing massage without a New York license. Often charged together with prostitution in massage parlor cases | Class E felony |
Massage parlor cases often involve more than one charge. Workers may face prostitution and unlicensed-practice charges, and owners or managers may face promoting charges. See our unauthorized practice of a profession page.
What happens after an arrest
- Desk appearance ticket or arraignment. Most people charged with prostitution or patronizing get a desk appearance ticket with a court date. Others are held for arraignment.
- First court date. In Nassau this is at the First District Court in Hempstead. In Suffolk, at the First District Court in Central Islip or a town court.
- Negotiation or motions. We review how the sting or investigation was done, what was actually said or agreed, and whether the paperwork is sufficient.
- Resolution. Often an ACD, sometimes with a short class or counseling, a reduction to a violation, or a dismissal.
How we defend these charges
Elements
Was there an actual agreement?
The charge requires an agreement or offer of sexual conduct for a fee. Vague conversations, texts or ads often don’t prove that.
Investigation
Entrapment and sting procedure
Police may create an opportunity, but they can’t induce someone who wasn’t otherwise willing. We get the recordings and messages.
Procedure
Paperwork and discovery
Misdemeanor complaints must be properly converted and the prosecution must meet its discovery deadlines. Defects can end a case.
Trafficking
Trafficking and coercion
People forced or coerced into prostitution may be eligible for services-based dispositions, and past convictions can sometimes be vacated.
Consequences beyond the courtroom
- A criminal record that can affect jobs and professional licenses, including nursing, teaching and massage therapy licenses
- Immigration problems. Prostitution-related conduct can make a non-citizen inadmissible, so get advice before any plea
- Embarrassment and family concerns. We handle these cases discreetly
Related charges we defend include public lewdness, where our results include several dismissed and sealed cases. See our successful cases.
Prostitution and patronizing: frequently asked questions
Is prostitution a felony in New York?
No. Prostitution is a class B misdemeanor. Patronizing an adult is a class A misdemeanor. The charges become felonies when a minor is involved or for higher-level promoting.
What is the charge for the customer in a prostitution sting?
Usually patronizing a person for prostitution in the 3rd degree, Penal Law 230.04, a class A misdemeanor.
Can a prostitution or patronizing charge be dismissed?
Yes. Many first-time cases end in an adjournment in contemplation of dismissal (ACD), sometimes after a short class, which leads to a dismissal and sealed record.
Will a prostitution charge affect my immigration status?
It can. Prostitution-related conduct can make a non-citizen inadmissible. Talk to a lawyer before accepting any plea.
What happens if I was arrested at a massage parlor?
Workers may be charged with prostitution and unlicensed practice of massage therapy, and owners with promoting prostitution. The defense depends on your role and what the police can actually prove.
Are consultations confidential?
Yes. Everything you tell us in a consultation is confidential and protected by attorney-client privilege.
Talk to a former prosecutor today
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