Elizabeth, NJ Prostitution Defense Lawyer

According to New Jersey Revised Statutes Section 2C:34-1, prostitution is defined as the offer or acceptance to engage in sexual activity in exchange for money or property. Prostitution is a serious crime that can have life long altering consequences. If you or a loved one has been charged with prostitution in New Jersey, it is imperative that you contact a lawyer to seek advice or guidance.

If you or a loved one is accused of prostitution, endangering the welfare of a child, criminal sexual contact, lewdness, or luring in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of prostitution law in New Jersey, as well as some common defenses that may be available to you.

Definition of Prostitution Law 2C:34-1 in New Jersey

What is prostitution in New Jersey? Prostitution is generally defined as someone either making or accepting an offer to provide sex in exchange for something of value, that person has committed prostitution in New Jersey, and will be charged under the applicable prostitution statute. Sexual activity includes, but is not limited to, sexual intercourse, oral sex, anal sex, masturbation, touching of the genitals, buttocks, or breasts, and sadistic or masochistic abuse.

Prostitution is specifically defined under N.J.S.A. 2C: 34-1:

• 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.
• 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.

Under N.J.S.A. 2C:34-1(a)(3) & (4), ‘promoting prostitution’ and ‘house of prostitution’ is defined as:

• 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.
• Promoting prostitution is:
  • Owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business;
  • Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
  • Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
  • Soliciting a person to patronize a prostitute;
  • Procuring a prostitute for a patron;
  • 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
  • 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.

N.J.S.A. 2C:34-1(b), a person commits an offense of prostitution 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.

What Constitutes Payment?

Payment in prostitution cases includes money or anything of value exchanged for sexual services. Whether it’s cash, property, or other benefits, any form of economic value qualifies.

Penalties for Prostitution in New Jersey

Usually, when someone is arrested for prostitution they are charged with a disorderly persons offense (misdemeanor in other jurisdictions). When prostitution is charged as a disorderly persons offense, a person faces the following:

• punishable by six months in jail and,
• a fine of up to $1,000.

However, please keep in mind that if you or a loved one is facing a second or subsequent offense for prostitution, then the charges are upgraded from a disorderly persons offense to a fourth degree indictable (felony in other jurisdictions). A fourth degree indictable has the following maximum penalties:

• punishable by up to 18 months in prison and,
• a fine of up to $10,000. 
• If a person uses a vehicle to commit prostitution, the court must also suspend the person’s driver’s license for six months.

Lastly, if you or a loved one is facing a fourth or subsequent charge of prostitution here in New Jersey, then it is upgraded from a fourth-degree crime to a third-degree indictable. A third-degree crime carries the following:

• punishable by up to 5 years in prison, and
• a fine of up to $15,000.00.

Penalties for Children & Prostitution in New Jersey

There are also enhanced penalties for prostitution involving minors if you are promoting the prostitution of an underage person. Prostitution under N.J.S.A. 2C:34-1(b)(3) & (4) is a first-degree crime. A first-degree indictable is a very serious crime. If you are charged with promoting prostitution of a child, then you may face the maximum penalties:

• punishable by up to 20 years in New Jersey Prison,
• a fine of up to $200,000.00,
• and a presumption of incarceration. A presumption of incarceration means if you plead guilty or are convicted then at sentencing it is presumed that the judge will be sending you to prison.
• It is not a defense if you mistakenly believed he/she was 18 years of age or older, even if the belief was reasonable.

A person who is charged with N.J.S.A. 2C:34-1(b)(7), faces a second-degree crime. A person charged with this is accused of engaging the services of a prostitute who is under the age of eighteen. A second-degree indictable carries the following penalties if convicted:

• punishable by up to 10 years in New Jersey Prison,
• a fine of up to $150,000.00, and
• it is not a defense if you mistakenly believed he/she was 18 years or older, and if the mistake was reasonable.

Penalties for Promoting Prostitution in New Jersey

As explained above, promoting prostitution is defined as owning, managing, or supervising a prostitution business, procuring or transporting a person for prostitution, encouraging or inducing a person to become or remain a prostitute, soliciting a person to patronize a prostitute, or leasing or permitting a place to be used for prostitution. Promoting prostitution is a third-degree crime, which is;

• punishable by a minimum of three years and a maximum of five years in prison and,
• a fine of up to $15,000. 

Also, keep in mind that promoting prostitution carries a presumption. This presumption, as explained in N.J.S.A. 2C: 34-1, is defined as “[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.”

Elements for Promoting Prostitution in New Jersey

In New Jersey, for a defendant to be convicted of promoting prostitution, N.J.S.A. 2C:34-1(b)(2), the prosecutor must prove every element beyond a reasonable doubt. According to the New Jersey Model Jury Charge for Promoting Prostitution, a prosecutor must prove the following:

1. The defendant promoted prostitution; and
2. The defendant acted knowingly.

The New Jersey Model Jury Charge defines prostitution as the “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.”

What is sexual activity? According to the New Jersey Model Jury Charge it is “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.”

Promoting Prostitution is defined as the following:

1. Owning, controlling, managing, supervising or otherwise keeping alone or in association with another, a house of prostitution or a prostitution business;
2. Procuring an inmate for a house of prostitution or place in a house of prostitution for one who would be an inmate;
3. Encouraging, inducing, or otherwise purposely causing another to become or remain a prostitute;
4. Soliciting a person to patronize a prostitute;
5. Procuring a prostitute for a patron;
6. Transporting a person into or within the State with purpose to promote that person’s engaging in prostitution, or procuring or paying for transportation with that purpose; or
7. 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.

Possible Defenses for NJ Prostitution Charges  

Some possible defenses for prostitution charges in New Jersey are entrapment, lack of intent, or coercion. Entrapment occurs when the police induce or persuade a person to commit a crime that they would not otherwise commit. Lack of intent means that the person did not have the purpose to engage in or promote prostitution. Coercion means that the person was forced or threatened to engage in or promote prostitution against their will.

Also, under N.J.S.A. 2C:34-1 it is an affirmative defense if, “during the time of the alleged commission of the offense, the defendant was a victim of human trafficking…or compelled by another to engage in sexual activity, regardless of the defendant’s age”.

As a criminal defense attorney, our role is crucial in defending clients accused of prostitution. Consider the following strategies:

1. Challenging Evidence: Scrutinize the evidence against your case, including witness statements, surveillance footage, and police procedures.
2. Negotiating Plea Deals: Explore plea bargains that may reduce charges or penalties.
3. Exploring Diversion Programs: For first-time offenders, diversion programs can offer an alternative to traditional sentencing.

If you or a loved one is facing a prostitution charge here in New Jersey, contact our office today for a consultation.

Frequently Asked Questions (FAQs) 

• Question: Can be charged in New Jersey with prostitution if there wasn’t any money or economic value exchanged?
  • Answer: No, you cannot. In New Jersey, the law defines prostitution as engaging in sexual activity with another person in exchange for something of economic value, or accepting an offer to engage in such activity for something of economic value. This definition is broad and includes not just money but also drugs or other items that might be considered of value. Therefore, even if no money is exchanged, if there is an exchange for something of economic value, it could potentially lead to prostitution charges.

• Question: What is the statute of limitations for a New Jersey prostitution charge?
  • Answer: Yes, In New Jersey, the statute of limitations for a prostitution charge, which is generally considered a misdemeanor, is 12 months from the date of the offense. If the charge is elevated to a felony level, the statute of limitations could extend to 5 years.

Top-Shelf Prostitution Charge Attorney in New Jersey

If you have been charged with prostitution, endangering the welfare of a child, luring, lewdness, prostitution, or aggravated criminal sexual contact in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your prostitution charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your prostitution defense.

We understand the serious consequences of a conviction for sexual assault, and we will fight aggressively to protect your rights and interests.

Contact us today for a free consultation.