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.

A Syracuse Solicitation Attorney May Be Able to Help

A conviction on charges of soliciting or patronizing of someone for sex could result in a significant jail sentence at even the most basic level. For charges involving the solicitation of a minor, a conviction would result in felony-level punishments that could forever label you as a felon and require you to register as a sex offender.

The stakes in these situations are often high, so you should give themselves every opportunity for a positive outcome. A powerful first step may be to hire a Syracuse solicitation lawyer who could work to protect not just your freedom, but you’re your reputation in the community. Call the Syracuse office of Tully Rinckey PLLC at (315) 492-4700 today to schedule a consultation, or get in touch via email at info@tullylegal.com.

Case Consultations