New Jersey Prostitution Law
We represent clients charged with N.J.S.A. 2C:34-1; New Jersey prostitution complaints in municipalities including East Brunswick, New Brunswick, Woodbridge, Edison, Old Bridge, North Brunswick, South Brunswick, South River, Monroe and Sayreville and indictments filed in Middlesex County, Monmouth County, Mercer County, Somerset County, Essex County, Union County, and Hudson County.
Although this offense is a disorderly persons offense, under certain circumstances the offense is elevated and the penalties are enhanced.
A second or subsequent conviction is a fourth degree crime.
This offense is a third degree crime if the state proves that the defendant knowingly engaged in such acts with a person under the age of eighteen or if the defendant enters into a whore house for the purpose of engaging in sexual activity with a person under the age of eighteen or if the defendant solicits or requests a child under the age of eighteen to engage in a sexual act.
It is no defense that the defendant believed that the child was eighteen years or older or that such mistake was reasonable.
In addition, where a motor vehicle is used in the commission of this offense, the court must suspend for six months the driving privileges of any such offender who has a valid driver's license issued by New Jersey.
Promoting prostitution is either a crime of the second, third or the fourth degree depending on the nature of the defendant's conduct which constitutes this offense, or depending on the age or relation of the prostitute to defendant.
In order to obtain a conviction for this offense, the state must prove four elements.
First, either an offer or an acceptance of an offer.
Second, to engage in sexual activity.
Third, in exchange for something of value.
Fourth, defendant's conduct was purposeful.
Defendant must know that his or her conduct will promote another person otherwise there is not offense.
Seven conducts are disallowed under this law.
First, owning, controlling, managing, supervising or otherwise keeping, alone or in association with others a whorehouse - this is a third degree crime.
Second, procuring an inmate for a whorehouse or a place in a whorehouse for one who would be an inmate.
Third, encouraging, inducing or otherwise purposely causing another to become or remain a prostitute - the state must prove purposeful conduct - third degree crime.
Fourth, soliciting a person to patronize.
Fifth, procuring for a patron.
Sixth, transporting a person to engage in sex for hire.
Seventh, leasing or permitting one's property to be used for sex for hire.
Promoting prostitution is elevated to a second degree crime if the state proves the additional elements that the defendant knowingly promoted a child - or their own child - under the age of eighteen.
Fourth degree crime of promoting will be elevated to third degree if defendant "compelled" another to engage in or promote this business.
This is a disorderly persons offense.
The offense must occur in a public place.
Public means any place to which the public has access.
Defendant commits this offense if he wanders, remains or prowls in a public place with the purpose of engaging in or promoting the sex business.
The state must prove the following:
defendant wandered, prowled or remained;
with purpose to engage or promote illegal sex;
Finally, state must prove the elements of prostitution or promoting same.
If you have any questions for a New Jersey criminal defense attorney about a New Jersey Criminal prostitution charge, please do not hesitate to contact us.