Presumably, Kraft has been charged under Florida Statute796.07(2)(f) – Solicitation of Prostitution – which is committed when a person solicits, induces, entices, or procures another person to engage in prostitution, lewdness, or assignation. Assuming Kraft is indeed a first offender, he faces up to one year jail, 1 year of probation, and up to $1,000.00 in fines. It’s worth noting that under Florida law, both second and third-time solicitation offenders can be charged with felonies which obviously have enhanced penalties.

So, what charges would apply if the same crimes Kraft is alleged to have committed occurred here in New York? Kraft would likely face charges under Penal Law 230.04 – Patronizing a Person for Prostitution in the Third Degree – which is a Class “A” misdemeanor. Penal Law 230.03(a) defines patronizing a person for prostitution as the payment of a fee to another person as compensation for such person or a third person to engage in sexual conduct with him or her. Subsection (b) includes paying or agreeing with another to engage in sexual conduct with another, while subsection (c) includes the mere solicitation or request to do so.

While Florida gradates patronizing a prostitute by the number of prior convictions for the same offense, New York gradates the crime by the age of the person being patronized for the prostitution. Thus, Patronizing a Prostitute in the Second Degree (a Class “E” Felony) makes it illegal for a person 18 years or older to patronize a person less than 15 years old for prostitution. See Penal Law 230.05. If a person over 18 patronizes a person under 13 years old, or a person of any age patronizes a person under 11 years old, then the first degree charge applies under Penal Law 230.06. Additionally, if a person patronizes a person for prostitution in a school zone, the charges are elevated from a Class “A” misdemeanor to a Class “E” felony.

What punishment will Robert Kraft face? As a first offender, jail is extremely unlikely. In the Courts of New York, defense attorneys are usually able to steer a client away from further incarceration on their first offense, and possibly even negotiate a disposition which does not involve a crime. To be sure, these charges are common since New York City Police Department’s undercover Vice squad routinely runs similar operations to the one that led to Kraft’s arrest. While evidence of guilty might be strong, whether or not such an arrest leads to a permanent criminal record may certainly be up for debate.

Federal criminal law prohibits a wide range of activities relating to transporting people and/or traveling across state lines or internationally for the purpose of engaging in illegal sexual activity. Specifically, 18 U.S.C. § 2423 prohibits four types of activities and carries very severe penalties.

First, 18 U.S.C. § 2423 makes it a felony punishable by a minimum of 10 years in prison (and by as much as life in prison) to “knowingly transport[] an individual who has not attained the age of 18 years in interstate or foreign commerce… with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense.” This provision obviously applies to those engaging in the human trafficking of underage prostitutes, and also potentially applies to an adult who drives or attempts to drive a minor across state lines so that he or she can have sex with that minor in another state. It could also apply to people who purchase bus or plane tickets for minors to travel into the U.S. or across state lines for the purpose of engaging in illegal sex.

Next, 18 U.S.C. § 2423 makes it a federal felony punishable by up to 30 years to travel across state lines, into the United States, or even to a foreign country (if that person is a U.S. citizen or permanent resident) for the purpose of engaging in illegal sexual conduct. So, this means that it is illegal to travel across state lines to hire a prostitute or have sexual contact with an underage person. It also means that it is illegal for a citizen or permanent resident to travel to a foreign country to hire a prostitute or have sex with a minor. Interestingly, a person can be guilty of this crime without actually engaging in the sexual conduct, so long as the prosecutor can prove the illegal purpose of the travel. This charge is frequently brought in cases involving undercover sting operations, in which the supposed prostitute or underage person is actually an FBI agent.

18 U.S.C. § 2423 prohibits illegal sexual intercourse after having traveled across state lines or into the U.S., or even to a foreign country (if that person is a U.S. citizen or permanent resident). Occasionally, U.S. citizens get arrested returning to the United States because Customs officers discover incriminating photographs or videos during border inspections of their laptops, phones, or cameras. Most people are surprised to learn that their electronic devices can be searched at U.S. Customs without probable cause or a warrant. Registered sex offenders returning from known “sex tourism” countries should be prepared to have their devices inspected at the border.

Finally, 18 U.S.C. § 2423 makes it a federal felony punishable by up to 30 years to arrange for the interstate or international transport of people for the purpose of engaging in illegal sex (i.e. prostitutes or minors), for commercial advantage or private financial gain. This could apply not onto the pimp or chief of a human trafficking operation, but also to the driver of a vehicle.

If you or a loved one have been arrested or accused of violating 18 U.S.C. § 2423, you should strongly consider hiring the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. In particular, Matthew Galluzzo is a former Sex Crimes prosecutor and acknowledged expert in the field. Mr. Galluzzo has earned dozens of difficult dismissals and numerous trial acquittals for individuals charged with serious sex crimes. He is routinely interviewed by television and radio news outlets regarding sex crimes investigations, and was even once hired by the government of South Africa to fly there to train its law enforcement officers about modern rape investigation techniques. Plainly put, his talent and qualifications for these sorts of cases are beyond dispute, and he may be able to help you.