Former Essex County Prosecutor Convicted of Promoting Prostitution
A former Essex County prosecutor has plead guilty to charges relating to promoting prostitution in New York. The former prosecutor plead guilty to conspiracy to promote prostitution in New York in exchange for a three year probationary sentence as well as a $50,000 fine. The attorney was accused of taking over a NY Confidential escort agency which had previously been created by one of his clients. For additional information, please see "Lawyer in Lakewood barbershop murder case pleads guilty to promoting prostitution".
In New Jersey, charges for promoting prostitution are governed by N.J.S.A. 2C:34-1(b) which provides in pertinent part:
§ 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;
(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; or
(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.
c. Grading of offenses under subsection b.
(1) An offense under subsection b. constitutes a crime of the second degree if the offense falls within paragraph (3) or (4) of that subsection.
(2) An offense under subsection b. constitutes a crime of the third degree if the offense falls within paragraph (5), (6) or (7) of that subsection.
(3) An offense under paragraph (2) of subsection b. constitutes a crime of the third degree if the conduct falls within subparagraph (a), (b), or (c) of paragraph (4) of subsection a. Otherwise the offense is a crime of the fourth degree.
(4) 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 subsequent conviction for such an offense constitutes a crime of the fourth 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.
