Prostitution, Conspiracy & RICO

Under New York law, the definitions of the crimes of "prostitution" and "patronizing a prostitute" are incredibly broad.  However, penalties are fairly mild.  By contrast, prostitution-related crimes under federal law are narrower, but can lead to long prison sentences.

In New York, the Penal Law defines prostitution as engaging or agreeing to engage in "sexual conduct" with another person for a fee.  "Sexual conduct" may include anything from a lap dance to intercourse with an escort.  Moreover, if the prostitute patronized is in fact under 17 years old, then patronizing a prostitute is considered a sex offense for purposes of SORA and registration is required, even if statutory rape is not charged (patronizing an adult prostitute is not a registrable offense).  As a result, a guilty plea to patronizing a prostitute may be an unacceptable outcome in some cases.

People working at (or patronizing) escort services and even some clubs may find themselves accused of prostitution-related crimes.  Exactly what conduct crosses the line and becomes illegal can be a complicated legal question.  Since escort services and clubs are businesses, owners and managers can be accused of promoting prostitution or even conspiracy, people-trafficking or racketeering, under the federal Racketeering-Influenced and Corrupt Organizations Act (RICO).  Cases brought under federal law involving organized prostitution businesses carry heavy penalties.

If you have been accused of prostitution, patronizing a prostitute, or promoting prostitution, you should seek legal help immediately.  You should not make any statements of any kind to law enforcement.  You may contact this office for a free, confidential consultation.