Fighting Prostitution Charges in NJ
Criminal Defense Lawyers with offices throughout New Jersey
Arrested for Prostitution NJ
A prostitution offense in New Jersey can have serious consequences (especially if this is not your first time). On a second prostitution charge in NJ, your disorderly persons (misdemeanor) charge is enhanced and becomes a fourth degree felony offense punishable by 18 months in state prison and a permanent felony conviction on your record.
The criminal defense lawyers at the Tormey Law Firm LLC represent clients charged with sex crimes including sexual assault, endangering the welfare of a child, lewdness, and criminal sexual contact in Morristown, Newark, Hackensack, and Paterson. In fact, our criminal defense trial team is composed of former county prosecutors who used to prosecute these offenses for the State of NJ. Now, let them put their experience and expertise to work to develop a comprehensive defense strategy in court. Contact our offices now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
Information on Prostitution Charges in NJ – NJSA 2C:34-1
Prostitution is considered a disorderly persons offense in New Jersey which is a misdemeanor. It will be handled in the local municipal court in the county in which you are charged.
With no prior-record, there is a presumption of non-incarceration therefore you will almost never be sentenced to jail time. If this is also the case, we can negotiate a downgrade to some non-criminal offense or to another criminal offense such as disorderly conduct which will look a lot better on your record.
Promoting prostitution is a fourth degree felony crime in New Jersey which includes up to eighteen (18) months in New Jersey state prison if convicted in addition to the permanent felony charge on your record.
Prostitution involving anyone under the age of 18 can be charged as human trafficking in NJ which is a first degree offense punishable by up to 20 years in prison.
Click Here to Learn About Promoting Prostitution Charges
2C:34-1 Prostitution and related offenses.
2C:34-1. Prostitution and Related Offenses.
a. As used in this section:
(1) “Prostitution” is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.
(2) “Sexual activity” includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.
(3) “House of prostitution” is any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another.
(4) “Promoting prostitution” is:
(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
(b) Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
(c) Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
(d) Soliciting a person to patronize a prostitute;
(e) Procuring a prostitute for a patron;
(f) Transporting a person into or within this State with purpose to promote that person’s engaging in prostitution, or procuring or paying for transportation with that purpose; or
(g) Knowingly leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or promotion of prostitution, or failure to make a reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means.
b. A person commits an offense if:
(1) The actor engages in prostitution as a patron;
(2) The actor promotes prostitution;
(3) The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable;
(4) The actor knowingly promotes prostitution of the actor’s child, ward, or any other person for whose care the actor is responsible;
(5) The actor compels another to engage in or promote prostitution;
(6) The actor promotes prostitution of the actor’s spouse;
(7) The actor knowingly engages in prostitution with a person under the age of 18, or if the actor enters into or remains in a house of prostitution for the purpose of engaging in sexual activity with a child under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity. 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; or
(8) The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value.
c. Grading of offenses under subsection b.
(1) An offense under subsection b. constitutes a crime of the first degree if the offense falls within paragraph (3) or (4) of that subsection.
(2) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (7) of that subsection.
(3) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5) or (6) of that subsection.
(4) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), (c), (f), or (g) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(5) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (1) of that subsection except that a second or third conviction for such an offense constitutes a crime of the fourth degree, and a fourth or subsequent conviction for such an offense constitutes a crime of the third degree. In addition, where a motor vehicle was used in the commission of any offense under paragraph (1) of subsection b. the court shall suspend for six months the driving privilege of any such offender who has a valid driver’s license issued by this State. Upon conviction, the court shall immediately collect the offender’s driver’s license and shall forward it, along with a report stating the first and last day of the suspension imposed pursuant to this paragraph, to the New Jersey Motor Vehicle Commission.
(6) An offense under subsection b. constitutes a disorderly persons offense if the offense falls within paragraph (8) of that subsection, except that a second or subsequent conviction for such an offense constitutes a crime of the fourth degree.
d. Presumption from living off prostitutes. A person, other than the prostitute or the prostitute’s minor child or other legal dependent incapable of self-support, who is supported in whole or substantial part by the proceeds of prostitution is presumed to be knowingly promoting prostitution.
e. 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.
