These cases usually arise out of undercover sting operations by the NYPD. In those cases, an undercover officer pretending to be prostitute wears a recording device and comes to an agreement with another person to perform a sexual act in exchange for money. The offer to pay or an agreement alone can be sufficient proof of the crime. Indeed, Penal Law 230.02 defines a person as being guilty of patronizing a prostitute when: “(a) Pursuant to prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; (b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.”

The most common charge for such a Desk Appearance Ticket in Manhattan is Patronizing a Person for Prostitution in the Third Degree, in violation of Penal Law Section 230.04. This charge is a class A misdemeanor, meaning that it can result in a permanent criminal record and has a maximum possible jail penalty of one year.

In Manhattan, a person charged via Desk Appearance Ticket with a violation of Penal Law Section 230.04 is likely to be offered a plea bargain. The attorneys at the Law Office of Matthew Galluzzo have been successful in many cases in persuading prosecutors to dismiss the misdemeanor charge in exchange for a plea to a violation like Disorderly Conduct (Penal Law 240.20). This charge is not permanently public and does not constitute a conviction for a crime under New York State law. Offenders have generally had to perform some community service and/or attend a Health Education class regarding prostitution. This result spares the accused the drawn-out process of a trial and eliminates the uncertainty that comes with a trial; as such, most of our clients have availed themselves of such arrangements.

Many people arrested for patronizing a prostitute believe that they were unfairly entrapped. Entrapment is a valid defense under New York State law and can apply in certain situations involving these charges. However, it is typically very difficult to prevail with an entrapment defense, as an accused is essentially forced to demonstrate that the undercover police officer overcame his will and coerced him into agreeing to pay money for sex. Notably, the conversations between the accused and the undercover police officer are usually recorded.

Sometimes the NYPD conducts long-term investigations of escort services, brothels, or other prostitution conspiracies, and arrests johns after arresting the prostitutes and organizers (pimps). This type of charge is uncommon, however. Proof in those sorts of cases typically consists of phone records, wiretap information and/or proof of payment.

If you or a loved one have been arrested and given a Desk Appearance Ticket for a prostitution-related offense in Manhattan, you should strongly consider contacting the experienced criminal defense attorneys at the Law Office of Matthew Galluzzo. Their team consists of two former Manhattan prosecutors (including one former sex crimes prosecutor) who have handled numerous such cases over the course of their almost 40 years of combined experience.

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.

Law enforcement has long sought, with mixed results, to combat prostitution offenses in New York City. Back when prostitutes used to walk the streets of notorious neighborhoods in Manhattan, police would arrest prostitutes for just “loitering for the purpose of prostitution” (basically, walking on the sidewalk dressed like a prostitute talking to potential customers about tricks). Police would also go undercover and pose as johns to get prostitutes to make illegal offers of sexual conduct for fees. Police officers continue to pose as prostitutes to entice johns to make illegal offers, though nowadays they are more likely to find a target inside of a nice establishment in the city instead of on the sidewalk. Indeed, undercover police officers dressed as attractive prostitutes often target middle aged men alone at hotel bars and proposition them to see if they will “take the bait,” so to speak. These sting victims oftentimes have legitimate entrapment defenses, but not after already having been humiliated and having had their livelihoods placed in danger as a result of the arrests.

With the advent of the internet, much of the prostitution business moved online to websites like Craigslist and Backpage. Prostitutes and escorts would post ads on these sites and johns would simply call them to make appointments. The postings were so numerous that despite some law enforcement efforts to make undercover arrests of these prostitutes – and perhaps more effectively, arrests of johns via false prostitution ads – the sheer volume of ads on these sites made it impossible to realistically stop the trade via undercover operations. Ultimately, the “escort” sections of these sites were shut down by law enforcement threats to hold the managers of these sites criminally and civilly liable.

Now, however, much of the prostitution trade has entered a grayer area: the world of Sugar Daddies and “arrangements”. Many women who do not consider themselves to be prostitutes sign up to participate on websites like sugardaddy.com and seekingarrangement.com. Though these websites post vehement disclaimers that they do not support prostitution, the “arrangements” that they facilitate look a lot like it. Basically, wealthy older men (the “sugar daddies”) look for younger women (the “sugar babies”) seeking “relationships” that involve money in exchange for their “companionship.” The prospective couple matches online and then meets in real-life, and eventually these relationships typically evolve to the point that the man gives money to the girl in exchange for companionship that includes sexual contact. Many “sugar babies” are open about their lifestyle and do not consider themselves to be engaging in illegal conduct, although most would acknowledge that they would no longer receive payments from their “sugar daddies” if they withheld sex from them.

In a way, these sugar babies and sugar daddies essentially exist within a gray area of the law. These relationships are not always explicitly sex-in-exchange-for-money relationships, though these elements are typically understood by the parties to be fundamental to the relationship. It could even be said that these relationships are not so different from the typical relationship between a wealthy man and his wife. But regardless of the legality of these relationships (and they are generally questionable under existing law), law enforcement would have difficulty curbing these relationships. After all, the typical relationship between a baby and a daddy can take several dates before sexual contact (or the discussion sexual contact or money) begins. As such, it would be difficult for law enforcement officers to invest that much time in pursuing a potential arrest in a sugar baby or sugar daddy. Moreover, the illegal “offer or agreement” to engage in sexual contact for money is not always so explicit, as the parties talk in terms of “relationships” instead of specific sex acts. This further frustrates law enforcement efforts to pursue these sorts of cases, as they would need an explicit statement to make an arrest. Of course, it is still theoretically possible that an undercover police officer could pose as a sugar daddy or sugar baby to catch someone interested in an illegal relationship. That could certainly have a huge chilling effect on the entire underground “sugar daddy” market. However, for now, our attorneys are unaware of any such arrests being made by law enforcement in New York.

If you or a loved one have need of the services or advice of an experienced criminal defense attorney, you should strongly consider contacting the attorneys at the Law Office of Matthew Galluzzo. Matthew Galluzzo, in particular, is a former Manhattan sex crimes prosecutor who has been widely sought after by news and television reporters for his expert opinion on sex crimes and investigations.

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.