Solicitation Laws

In New York, solicitation is defined under New York Penal Code §230.04 as patronizing any person for prostitution.

In essence, any person who buys sex from another is guilty of patronizing. It does not matter if the exchange takes place, the attempt is enough to face charges. The offense is a class A misdemeanor, meaning a person can be sent to jail for up to one year.

Solicitation becomes more serious when the person hired is less than fifteen years old. According to New York Penal Code §230.05, this upgrades the charge to solicitation in the second degree which is a class E felony.

The most serious solicitation allegation involves the patronizing of a person under the age of eleven. This upgrades the charges to solicitation in the first degree under New York Penal Code §230.06. A conviction here is a class D felony and should be addressed with an Albany solicitation lawyer.

Defenses Allowed Under the Law

New York law specifically provides for an affirmative defense to patronizing charges involving a minor. Under New York Penal Code §230.07, a defendant can argue they had reason to believe that the person they were patronizing was not as young as alleged. As with any affirmative defense, it is the responsibility of the defendant to produce evidence to support their defense. However, this defense will not erase the charge entirely. It may simply reduce the severity of the charge to patronizing in the third degree.

Additionally, the law also states that a defendant cannot argue as a defense. New York Penal Code §230.10 provides that it is no defense to argue that the two parties to the act were the same sex, nor is a defense for a woman to argue that the seller of the sex was male.

Consult an Experienced Albany Solicitation Attorney Today

Allegations of solicitation, or patronizing as it is known in New York, are not to be taken lightly. Even a minor version of this crime is a high-level misdemeanor that could land a person in jail. Furthermore, anytime that the allegation involves a child, the consequences become much more severe.

If you are facing charges for patronizing in Albany, it is important to work with an aggressive attorney who can fight for you. Our team of Albany solicitation attorneys are dedicated to each case. We evaluate the strength of the State’s case, make use of any available defenses, and fight vigorously to protect the rights our clients.

You can contact us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

Book Your Consultation Now!

Ready to book your consultation? Click here to pay our consultation fee and book your meeting with an attorney today!

Book Your Consultation

What Our Clients Are Saying:

Featured Attorneys

WHY CHOOSE US TO REPRESENT YOU

When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.

Ethics and Professional Responsibility


At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.

Full Service Legal Firm


Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.

Our Experience


Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.

Our Personal Process

Contact us


Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.

PREPARE FOR CONSULTATION


Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.

Meet your attorney


We discuss your specific legal goals and gain important information from you to help us understand your unique situation.

Contact us today to schedule your consultation.

Get Started