Recently we have noticed an uptick in the number of arrests made by NYPD following investigations of advertisements on the popular website Craigslist (and to a lesser extent: the website Backpage). Though these websites can facilitate an almost limitless variety of crimes, the ones most commonly associated with these sites relate to prostitution-related services and sales of controlled substances/narcotics.

Controlled substances (Criminal Sale of a Controlled Substance, Penal Law Chapter 220)

We recently defended a young woman charged with selling prescription Adderall via craigslist (other recent Craiglist-related arrests have involved Percocet, Oxycodone, and Roxycodone). These types of cases tend to follow the same script: to begin, undercover narcotics officers periodically scan craigslist for advertisements – some of them coded – made by people with prescription pills for sale. Contact is then initiated – by email or telephone – and those conversations between the undercover and seller are preserved and/or recorded. Finally, a delivery is agreed upon, and after the sale is made, so is an arrest. For this particular crime and assuming a fairly low level quantity, the top applicable charge would be Criminal Sale of a Controlled Substance in the Fifth Degree, a Class D felony under Penal Law Section 220.31. (This charge applies to the sale of a variety of controlled substances like ecstasy and other prescription drugs but not to narcotics drugs like cocaine or heroin, for which the higher Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony under Penal Law Section 220.39, applies). Unfortunately, these charges are practically indefensible under these fact scenarios. Thus, the defense attorney’s job is to present favorable aspects of the client and hope to negotiate a favorable disposition, or, in the case of a person with a substance addiction, lobby for a diversion program. For what it’s worth, our client was allowed to plead guilty to a misdemeanor with probation, whereas the other young man – represented by a public defender – is being forced to plead guilty to a felony with prison time.

Prostitution

The other major illicit item sold on craigslist (and backpage) is sex. The main charge – Prostitution – is a class B misdemeanor under Penal Law 230.00 punishable by up to 60 days in jail (also, there are serious potential immigration consequences for non-citizens). A person is guilty of it when he or she “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” Notably, then, the mere posting of an advertisement that offers sex in return for a fee can make one as guilty of this charge as actually turning a trick, so to speak. Of course, posters on craigslist and backpage have circumvented this problem somewhat by using coded language that is potentially open to interpretation, but undercover police officers tend to pursue these cases until a more explicit deal is agreed upon, and are also generally competent to testify as to the true meaning of the coded words used in the industry.

Not just prostitutes are subject to potential arrest, however. Pimps, madams, and other “promoters” of prostitution can actually suffer harsher penalties. The lowest level Promoting Prostitution in the Fourth Degree (Penal Law 230.20) is a class A misdemeanor punishable by up to one year in jail. Higher charges under Penal Law Sections 230.25, 230.30, and 230.32 can be sustained where a pimp or madam supervises multiple prostitutes or employs underage prostitutes. For more on these charges, click here.

Finally, when these investigations into Craigslist and Backpage prostitution advertisements become long investigations, misdemeanor and felony charges (such as Patronizing a Prostitute, Penal Law Section 230.04, a Class A misdemeanor) can be levied against johns that solicited sex for money on the internet. Also, law enforcement has recently pursued the money launderers that helped finance illegal “massage parlors” and “escort services” advertising primarily online. In the latter case, serious felony charges of Enterprise Corruption (Penal Law 460.20) and Money Laundering can be levied. (Notably, our office represented an individual and corporation charged with this sort of conduct).

All of these charges can be defended in a variety of ways depending on the circumstances but may ultimately require a skilled advocate that can negotiate the best possible disposition to help the accused avoid jail or deportation. If you or a loved one have been arrested or charged with a crime stemming from craigslist or backpage, you should strongly consider contacting an experienced criminal defense attorney immediately. The attorneys at the Law Office of Matthew Galluzzo include three former Manhattan prosecutors, and they have successfully defended numerous individuals charged with controlled substance and prostitution-related crimes stemming from craiglist and backpage investigations.

The most basic crime in this chapter is Prostitution, under Penal Law Section 230.00. A person is guilty of this Class B misdemeanor when he or she “engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” Thus, it is important to recognize that it makes no difference whether the accused actually received money or engaged in any sexual act – indeed, the mere offer of sexual services for money is just as serious under this section. Also, notably, the definition of “sexual conduct” (defined in Penal Law Section 130.00[3] and 130.00[10]) includes sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, and sexual contact). Put plainly, the laws of this chapter apply to virtually all and any sexual touching of any kind.

On the flip side, a john that pays or offers to pay for sexual services of any kind is also guilty of at least the Class B misdemeanor of Penal Law 230.03 (Patronizing a Prostitute in the Fourth Degree). This crime can be a more serious felony where the prostitutes are underage. At one time, it was a defense to these more serious charges that the john did not have a reasonable cause to believe that the prostitute was underage (under the repealed Penal Law Section 230.07), but as Lawrence Taylor recently discovered, it is no longer a defense.

Finally, promoting prostitution, or “pimping,” as it is sometimes referred to, is illegal under Penal Law Section 230.20. That Class A misdemeanor, Promoting Prostitution in the Fourth Degree, makes it illegal to knowingly advance or profit from prostitution. Under Penal Law Section 230.15, a person “advances prostitution” when, acting other than as a prostitute or as a patron thereof, he or she knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution. A person “profits from prostitution” when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.

Promoting prostitution is actually more serious than prostitution itself, in that regular Prostitution is a B misdemeanor (punishable by up to 90 days in jail), whereas Promoting Prostitution is an A misdemeanor (punishable by up to 1 year in jail). The charges pertaining to promoting prostitution can be felonies depending on whether certain aggravating factors are present. For example, Promoting Prostitution in the Third Degree (Penal Law 230.20, a Class D felony) involves two or more prostitutes being promoted or a prostitute under the age of 19. Promoting Prostitution in the Second Degree (Penal Law 230.30, a Class C felony) applies where the prostitute is under 16 years of age or where coercive force or intimidation is used on the prostitute. Promoting Prostitution in the First Degree (Penal Law 230.32, a Class B felony), applies to situations in which the prostitute is less than 11 years old.

Law enforcement devotes significant resources towards combating these crimes. Specially-trained Vice Squad officers frequently pose as prostitutes or johns in an effort to arrest individuals suspected of committing these crimes. They have been known to frequent internet websites and chat-rooms while posing as prostitutes or johns. They also frequently pursue classified ads in “adult sections” of newspapers like the Village Voice. If/when the undercover officer meets the suspect in person, they are almost always wearing a recording device. In those situations, the undercover officer is typically trying to get the prostitute or john to make the offer for sexual services explicitly and clearly so that it can be used in a trial, if necessary. The undercover officer may otherwise attempt to get the prostitute or john to make the offer in a text message or email. Sometimes, when prostitutes travel across state lines or are part of large scale organizations, the cases can even be prosecuted by federal law enforcement officers, as well.

If you or a loved one have been arrested or are being investigated for any of the above-described crimes, you should consider contacting the experienced criminal defense attorneys at The Law Office of Matthew Galluzzo.

Thus, if the Post story is to be taken at face value, the conduct alleged may make out a prima facie case of patronizing a prostitute. That is not to say, however, that Mr. Sheen will or should be arrested and charged. There are many variables that go into a case such as this, and a lot will depend on Ms. Anderson’s willingness to cooperate with the prosecution. If she were to choose not to speak with the police, it would be next to impossible to go forward with charges. And even if she did, the case would ultimately devolve into a he-said, she-said scenario that prosecutors try to avoid. Of course, if there were some corroboration for the arrangement, such as emails, text messages, or other memorialization’s of understandings between the “parties,” that would be different story. In the end, it will depend on the government’s desire to investigate and Ms. Anderson’s cooperation.

If you would like to learn more about the charge, or are facing criminal charges yourself, you should consult with the experienced former prosecutors at the Law Office of Matthew Galluzzo.