Prostitution & Promoting Prostitution Charges in Monmouth County
Monmouth County has hundreds of prostitution charges filed within its borders each year. These offenses arise when someone pays another person to engage in a sexual act. The participants in this act may be charged with prostitution while those that help facilitate this conduct face an offense for promoting prostitution. If you were arrested or have been charged with either prostitution related offense in Tinton Falls, Neptune, Howell, Ocean, Eatontown, Red Bank or elsewhere in Monmouth County, our criminal attorneys possess the qualifications you need. Our firm, the Law Offices of The Law Offices of Jonathan F. Marshall, can offer you representation from a team of former prosecutors and experienced defense lawyers who have handled an innumerable number of these cases over the years at the Superior Court and in municipal courts throughout the county. We have the experience you are looking for to defend your prostitution, solicitation or promoting prostitution charge. For assistance with a pending offense, contact our Red Bank Office at 732-450-8300 or Freehold Office at 732-462-1197 for a free initial consultation. An attorney at our firm is prepared to help you reach the very best outcome to your charge.
Charged With Prostitution
The biggest block of offenses falling within this category are straight prostitution charges. Prostitution is the exchange of money or something of economic value for a sexual act. It is sometimes described as sex for hire. The prosecutor must establish four (4) elements in order to prove prostitution under N.J.S.A. 2C:34-1. First, the accused must have either offered or accepted an offer. Second, the consideration of the agreement must have included a sexual act. “Sexual act” is defined as oral, anal and vaginal contact, as well as masturbation and sadistic or masochistic abuse. Third, something of value must be exchanged for the sex. Fourth, the accused must have acted purposely. Conduct cannot be unintentional or under duress such as where the defendant is a victim of human trafficking.
Grading of Prostitution Charges. Prostitution is a disorderly persons offense when it involves an individual’s first offense for prostitution. It is a fourth degree crime if it a second offense or third offense, and a third degree crime for a fourth or subsequent offense. There is also the possibility of prostitution triggering an even higher grade of crime when a minor is involved. It is a second degree crime if the actor knowingly engages in prostitution with a minor. It is no defense in this regard that the accused mistakenly believed that the child was 18 years of age or older, even if such mistaken belief was reasonable.
Penalties for Prostitution. A conviction for a disorderly persons offense for prostitution carries up to six month in jail and a fine that can reach $1,000. An individual will also have a misdemeanor criminal record. Fourth degree prostitution results in a maximum fine of $10,o00 and up to 18 months in state prison. Third degree and fourth degree prostitution trigger penalties that include a fine as high as $15,000 and $150,000, and up to 5 and 10 years in prison, respectively. Individuals are eligible for Pretrial Intervention and Conditional Dismissal if it is their first offense.
Driver’s License Suspension. Where a motor vehicle is used in the commission of a prostitution offense, the court must suspend the defendant’s license for a period of six months. Upon conviction, the court must immediately collect the driver’s license of the accused and forward it to the Division of Motor Vehicle.
The aim of the promoting prostitution law is to target those who, rather supplying the sex itself, facilitate the activity. A person is only subject to a complaint or indictment for promoting if he/she someone who is assisting in some capacity in the sale of sex. N.J.S.A. 2C:34-1(a)(4) sets forth conduct or behavior that constitutes “promoting” prostitution and common examples are a “pimp”, “madam”, body guard, or driver. The following is a breakdown of the types of conduct that can result in someone being arrested under this law.
- House of Prostitution or Prostitution Business. The statute specifies that owning, managing or supervising a house of prostitution or prostitution business constitutes promoting. This essentially means that a person who introduces a prostitute to a client and takes a portion (or all) of the proceeds, or allows the sexual activity to occur on their premises, can be charged with third degree promoting prostitution.
- Encouraging Someone To Be A Prostitute. It is also considered “promoting” if a person encourages, induces or otherwise encourages another person to become a prostitute or remain a prostitute. This is also a third degree crime.
- Solicitation. Promoting prostitution also applies where someone solicits another person (i.e. ask them to perform sex for money) whether it be for their own gratification, a friend, or other third party. There need not be a fee or any compensate earned for someone to be convicted of solicitation. This variety of promoting is a fourth degree crime.
- Procuring A Prostitution. It is a fourth degree crime to promote prostitution by procuring a prostitute for another person.
- Transporting Someone For Prostitution. Transporting a person for the purpose of performing an act of prostitution is also an enumerate form of promoting. This includes paying for the transportation of another person so that they may perform a sexual act in return for compensation. Transporting is a third degree crime.
- Leasing or Permitting Property To Be Used For Prostitution. If you lease property or permit property under your control to be regularly used for prostitution, you may be charged with promoting if this illegal conduct is taking place with your knowledge and you fail to make reasonable efforts to remove those engaging in the conduct. This is a third degree crime.
The law also creates a presumption of knowledge when a person is supported in whole or in substantial part by the proceeds of prostitution. This presumption does not, however, relieve the prosecutor from his/her obligation to establish, beyond reasonable doubt, that defendant promoted prostitution.
Penalties for Promoting Prostitution
The potential fine for promoting prostitution is $10,o00 for fourth degree and $15,000 for a third degree. The maximum prison sentence is 18 months for fourth degree promoting prostitution and 5 years for third degree promoting prostitution. In addition to the fines previously set forth, a special prostitution penalty shall be assessed in an amount of not less than $10,000 nor more than $50,000. The mandatory driver’s license previously set forth also applies to promoting prostitution if the arrest involves use of a motor vehicle.
First Degree Crime Promoting Prostitution
It is a first degree crime where the defendant promotes the prostitution of their child or another person under eighteen (18) years of age. Individuals charged/arrested for this grade of offense may be sentenced to up to 20 years in prison and fined $200,000 for this violation.
Freehold NJ Prostitution Lawyers
If you or someone you love was arrested for prostitution in Belmar, Bradley Beach, Asbury Park, Long Branch, Wall or Middletown, we are skilled defense attorneys ready to assist you. The defense team at our firm includes experienced Freehold NJ Prostitution Lawyers who have handled all varieties of sex for money cases including human trafficking. For anyone charged with promoting prostitution or for being a party to these sexual acts, there is no substitute for a knowledgeable attorney as prosecutors tend to take a very hard line on these charges. Immediate guidance from one our lawyers is available by calling us in Red Bank at 732-450-8300 or in Freehold at 732-462-1197.