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Understanding New York prostitution law in a world of Sugar Daddies

Perhaps someday, the New York Assembly will legalize sex work (several political candidates have recently promised to take steps toward legalization).  For now, however, it is still a Class B misdemeanor in New York to “engage or agree or offer to engage in sexual conduct with another person in return for a fee.” Penal Law § 230.00. Similarly, it is illegal to patronize a prostitute, meaning that it is a misdemeanor to “pay a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her, or to pay or agree to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person shall engage in sexual conduct with him or her.” Penal Law §§ 230.02 and 230.04. Of course, it is also illegal to promote prostitution (i.e. be a pimp or madam), which means to “knowingly cause or aid a person to commit or engage in prostitution, procure or solicit patrons for prostitution, provide persons or premises for prostitution purposes, or operate or assist in the operation of a house of prostitution or a prostitution enterprise, or engage in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.” Penal Law §§ 230.15 and 230.20.

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 Galluzzo & Arnone LLP. 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.