The Definition of Solicitation in Syracuse
Nothing in New York Penal Law explicitly establishes solicitation of prostitution as a unique crime by itself. However, the concept of purchasing sex for money is illegal under New York Penal Law §230.04, which defines such an act as patronizing a person for prostitution in the third degree.
This basic definition applies to all acts involving the purchasing of sex for money. However, depending on the age of the person involved in the sexual act in question, the offense of patronizing could become much more serious.
Under New York Penal Law §230.05, if the seller of the sex is under the age of fifteen, the level of the crime is raised to patronizing in the second degree. If the seller is under the age of eleven, the crime is patronizing in the first degree according to New York Penal Law §230.06.
Potential Punishments
The severity of an allegation of solicitation depends on the level of patronizing charge. Patronizing in the third degree is a misdemeanor-level offense. This means that a conviction could result in a jail term of up to one year.
Patronizing in the second degree rises to a class E felony offense, which means that a conviction could result in a maximum prison term of up to four years. Finally, patronizing in the first degree is a class D felony offense punishable by up to seven years in prison.
Defenses Encoded in New York Penal Law
It may be important to note that New York Penal Law §230.07 provides a potential defense to allegations of patronizing a minor. If a defendant can prove in court that they had a legitimate reason to believe the seller of the sex was an adult, the charges may be reduced in severity.
As with any defense provided by law, it is the responsibility of the defendant to introduce this evidence at trial. A solicitation lawyer in Syracuse could help you determine if this defense is applicable to your case and gather evidence to present that defense in court.
