Firm News and Legal Information Center
The New York City criminal defense attorneys at the Law Office of Matthew Galluzzo have represented many people arrested and given Desk Appearance Tickets for patronizing a prostitute in Manhattan (Penal Law 230.04). These cases can be highly embarrassing and they sometimes cause real damage to reputations, careers, and family relationships. However, a skillful attorney can help a defendant emerge without a criminal record.
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.