Promoting Prostitution – A Felony Charge
How to Fight Promoting Prostitution Charges in New Jersey
What Makes Promoting Prostitution Different from Prostitution
Promoting prostitution is a fundamentally different crime from engaging in prostitution. While someone arrested for prostitution faces a disorderly persons offense in municipal court, promoting prostitution is always an indictable felony prosecuted in Superior Court with potential state prison sentences.
If you’re accused of running a prostitution operation, managing prostitutes, or profiting from prostitution rather than personally engaging in it, you face far more serious felony charges.
Ways You Can Be Charged with Promoting Prostitution
Under N.J.S.A. 2C:34-1(a)(4), promoting prostitution includes seven distinct criminal activities:
- Operating a House of Prostitution or Prostitution Business
Owning, controlling, managing, or supervising a location where prostitution regularly occurs constitutes promoting. This includes massage parlors operating as brothels, hotels knowingly renting rooms for prostitution, or online platforms managing prostitution appointments.
- Procuring Prostitutes or Customers
Acting as a “middleman” between prostitutes and customers creates criminal liability. This includes recruiting individuals to work as prostitutes, finding customers for prostitutes, or operating escort services that provide sexual services.
- Encouraging or Inducing Someone to Become or Remain a Prostitute
Convincing, persuading, or pressuring someone into prostitution is promoting, including recruiting vulnerable individuals, manipulating someone to continue prostitution, or using drugs, debt, or emotional control to keep someone in prostitution. This overlaps significantly with human trafficking charges when force, fraud, or coercion is involved.
- Soliciting Customers to Patronize a Prostitute
Actively seeking out customers for prostitutes constitutes promoting. This includes posting online advertisements, approaching people to offer prostitution services, or operating websites that connect prostitutes with customers.
- Transporting People for Prostitution
Knowingly transporting someone for prostitution purposes or paying for their transportation constitutes promoting. This includes driving prostitutes to meet customers, buying bus or plane tickets to bring people to New Jersey for prostitution, or operating as a “driver” for a prostitution ring.
- Leasing Property for Prostitution
Property owners who knowingly allow prostitution on their premises face criminal charges. Once you know prostitution is occurring, you must make reasonable efforts to stop it through eviction, notifying the police, or taking legal action. Ignoring the activity after learning about it creates criminal liability.
- Living Off Prostitution Proceeds
Anyone supported financially by prostitution earnings is presumed to be promoting. This includes boyfriends/girlfriends living off a prostitute’s income, family members receiving financial support from prostitution, or “managers” receiving portions of prostitution earnings. Exception: The prostitute’s minor children or dependents, incapable of self-support, are not considered to be promoting.
Degrees and Penalties for Promoting Prostitution in New Jersey
New Jersey charges promoting prostitution as either a third degree or second degree indictable offense, depending on the circumstances. The penalties differ dramatically based on the degree of the charge.
| Charge Degree | Prison Sentence | When It Applies | Incarceration Presumption |
| Third Degree | 3 to 5 years | Promoting prostitution of adults; compelling a spouse to engage in prostitution; operating a prostitution business | Presumption of NON-incarceration if you have no prior record |
| Second Degree | 5 to 10 years | Promoting prostitution of anyone under the age of 18 | Presumption of incarceration even with no prior record (minimum 5 years) |
| First Degree | 10 to 20 years | Promoting prostitution of your own child, ward, or someone in your care | Mandatory minimum sentences; presumption of incarceration |
Enhanced Penalties for Promoting Prostitution When Minors Are Involved
Second Degree: Knowingly Promoting Prostitution of Anyone Under 18
If the prostitution involves anyone under age 18, charges automatically escalate to second degree promoting prostitution under N.J.S.A. 2C:34-1(b)(3).
Penalties include:
- 5 to 10 years in New Jersey State Prison
- Presumption of incarceration (judges presume prison is appropriate)
- Mandatory Megan’s Law registration as a sex offender
- No PTI eligibility
- Immigration consequences, including deportation
Even if you reasonably believed the person was 18 or older, you’re still guilty of second degree promoting if they were actually under 18. The statute explicitly states: “It shall be no defense to a prosecution under this paragraph that the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.”
First Degree: Promoting Your Own Child’s Prostitution
The most serious promoting charges apply when you knowingly promote prostitution of your own child, your ward, or a person in your care or custody. First degree promoting prostitution under N.J.S.A. 2C:34-1(b)(4) results in:
- 10 to 20 years in state prison
- Mandatory minimum sentences
- Lifetime Megan’s Law registration (Tier 3 sex offender)
- Community notification requirements
- Severe restrictions on residence and employment
Superior Court Process for Promoting Prostitution
Initial Arrest and Detention Hearing. Following an arrest, you’ll appear before a judge for a detention hearing where prosecutors may argue you should be held in jail pending trial. Factors considered include risk of flight, danger to the community, strength of evidence, and prior criminal history.
First Appearance. Your formal first appearance in Superior Court occurs within days of arrest. The court will advise you of charges, confirm you have legal representation, schedule a pre-indictment conference date, and address bail conditions.
Pre-Indictment Conference. Before formal indictment, your attorney meets with prosecutors to review discovery (evidence against you), discuss potential plea agreements, negotiate charge downgrades if possible, and explore PTI or other diversionary programs.
Grand Jury Indictment. Prosecutors present evidence to a grand jury, which determines if there’s probable cause to indict you. The grand jury process is one-sided—your attorney cannot present evidence or cross-examine witnesses.
Arraignment. After indictment, you’re formally arraigned on charges and enter a plea (guilty, not guilty, or no contest).
Discovery and Motion Practice. Your attorney will obtain all evidence through discovery, file motions to suppress illegally obtained evidence, challenge search warrants, and seek dismissal on constitutional grounds.
Trial or Plea Agreement. Cases resolve through either a plea agreement (negotiated resolution with reduced charges or sentencing recommendations) or trial (prosecution must prove guilt beyond a reasonable doubt to a jury).
Defense Strategies for Promoting Prostitution Charges
Lack of Knowledge Defense
Prosecutors must prove you knowingly promoted prostitution. Your attorney can argue you didn’t know prostitution was occurring on your property, you believed the business was legitimate (massage therapy, escort service for social companionship), someone else controlled the operation without your knowledge, or you took immediate action upon learning of prostitution.
Challenging Proof of Prostitution
Your attorney can challenge whether prosecutors can actually prove prostitution occurred. Was there an actual exchange of money for sexual services? Can the state prove sexual activity took place? Is there documentation of the financial transaction? Are witness statements credible and consistent?
Many promoting cases rely on undercover operations where actual prostitution never occurred—only discussions or arrangements. If no sexual activity or money exchange took place, you may defeat the charges.
No Financial Benefit
For living-off-prostitution charges, your attorney can demonstrate your income came from legitimate sources, you weren’t financially supported by prostitution proceeds, or any money received was loans, gifts, or legitimate payments.
Entrapment Defense
If undercover officers or informants induced you to promote prostitution when you had no predisposition to do so, entrapment may apply. This requires showing that government agents originated the idea, you weren’t predisposed to commit the crime, and officers went beyond providing an opportunity.
Constitutional Violations
Evidence obtained through illegal means must be suppressed, including warrantless searches of your phone, computer, or property, illegal surveillance or wiretaps, coerced confessions, and Miranda violations.
Challenging Minor’s Age Evidence
While the mistake of age isn’t a defense, your attorney can challenge whether prosecutors can prove the person was actually under 18 by demanding birth certificates or government ID, challenging age verification methods, and questioning the reliability of visual estimates.
Human Trafficking Victim Affirmative Defense
N.J.S.A. 2C:34-1(e) provides an affirmative defense if you were a victim of human trafficking during the alleged offense:
“It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or compelled by another to engage in sexual activity, regardless of the defendant’s age.”
When This Defense Applies:
You were forced, coerced, or deceived into promoting prostitution, you were trafficked yourself and forced to recruit others, you were under someone else’s control through violence, threats, or manipulation, or you were compelled to manage prostitution operations against your will. This defense recognizes that trafficking victims are sometimes charged with promoting when they were actually victims themselves. An experienced attorney can present evidence of your victimization to defeat charges.
Promoting Prostitution Charges in NJ: Frequently Asked Questions
Q: What’s the difference between promoting prostitution and human trafficking?
A: Human trafficking (N.J.S.A. 2C:13-8) involves recruiting, harboring, or transporting persons through force, fraud, or coercion for sexual exploitation. It’s a first degree crime with 20 years to life in prison. Promoting prostitution doesn’t require force or coercion—you can be guilty simply by knowingly facilitating prostitution. However, cases often involve both charges.
Q: Can I get PTI for promoting prostitution charges?
A: Yes, if you’re charged with third degree promoting prostitution and have no prior criminal record, you are eligible for Pre-Trial Intervention (PTI). While prosecutor consent is required, The Tormey Law Firm has successfully negotiated PTI admission for clients by presenting exceptional mitigation circumstances. Second degree charges involving minors are generally NOT eligible for PTI.
Q: Will I have to register as a sex offender?
A: Megan’s Law registration depends on your specific charges. Second degree (involving minors) requires mandatory registration. First degree (your child/ward) requires mandatory lifetime registration as a Tier 3 offender. Third degree (adults only) may require registration depending on circumstances. Your attorney can fight to avoid or minimize registration requirements.
Q: I own the property, but didn’t know about the prostitution. Can I still be charged?
A: Knowledge is required. However, prosecutors may argue you “should have known” based on obvious signs. Landlords must take reasonable steps to stop prostitution once they learn of it. If you ignored clear evidence or failed to act, you could face charges.
Q: What if I were just driving someone to an appointment?
A: If you knowingly transported someone for prostitution purposes—even once—you can be charged with promoting. “I was just giving them a ride” isn’t a defense if you knew the purpose. However, your attorney can argue a lack of knowledge or that transportation wasn’t for prostitution.
Q: Can promoting charges be expunged?
A: Yes, but with significant waiting periods. Third degree convictions require waiting 5 years after completing your sentence. Second degree convictions require 10 years. Some sex offenses may never be eligible.
Q: I’m not a U.S. citizen. Will this get me deported?
A: Promoting prostitution convictions may have serious immigration consequences for non-citizens, potentially including removal proceedings. While we are criminal defense attorneys and cannot provide immigration legal advice, we strongly recommend consulting with an immigration attorney immediately to understand how these charges could affect your specific immigration status
Arrested for Promoting Prostitution? Contact The Tormey Law Firm 24/7
Promoting prostitution charges carry life-altering consequences: years in state prison, permanent felony records, sex offender registration, and immigration deportation. You cannot afford to wait. The Tormey Law Firm defends clients against promoting prostitution charges throughout Bergen County, Morris County, Essex County, Passaic County, Hudson County, and across New Jersey. Call (201) 556-1570 now for a free, confidential consultation.
