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Former Prosecutors Turned
Certified Criminal Trial Lawyers
What is Prostitution?
Under New Jersey law, 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. Prostitution is codified under N.J.S.A. 2C:34-1.
What is Sexual Activity?
In New Jersey, sexual activity includes but is not limited to, sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact and oral-anal contact between persons of the opposite or the same sex. It also includes masturbation, touching of the genitals, buttocks or female breasts, sadistic or masochistic abuse and other "deviate" sexual relations.
What are Prostitution Offenses in New Jersey?
In New Jersey a person commits a criminal offense if he or she:
- engages in prostitution;
- promotes prostitution;
- knowingly promotes prostitution of a child under 18, whether or not the actor mistakenly believed that the child was of age or not, even if such a mistake of age was "reasonable";
- the actor knowingly promotes prostitution of the actor's child, ward or any other person for whose care the actor is responsible;
- the actor compels another to engage in or promote prostitution;
- the actor promotes prostitution of the actor's spouse; or
- the actor knowingly engages in prostitution with a person under the age of 18, or if the actor solicits or requests a child under the age of 18 to engage in sexual activity.
Prostitution offenses range all the way from disorderly persons offenses all the way up to second degree crimes. More particularly, engaging in prostitution (1 above) is a disorderly persons offense; promoting prostitution (2 above) can be graded as either a third degree crime or a fourth degree crime; knowingly promoting prostitution of a child under 18 (3 above) or promoting the prostitution of the actor's own child, ward or any other person for whose care the actor is responsible (4 above) are both second degree crimes; compelling another to engage in or promote prostitution (5 above), promoting prostitution of the actor's spouse (6 above) and knowingly engaging in prostitution with a person under 18 or soliciting or requesting a child under the age of 18 to engage in sexual activity (7 above) are all third degree crimes.
Experienced Bergen County Prostitution Lawyer
Sexual offenses in New Jersey are extremely serious and the law is often complex. The above is merely a brief and simplified overview of prostitution offenses under New Jersey law. This outline of prostitution should not be used as a guideline for sexual offenses under New Jersey law nor should it be considered an exhaustive analysis of prostitution under New Jersey law. If you have been charged with a sex crime in New Jersey or you are being investigated for a sex crime and you need a strong criminal defense, Brickfield & Donahue can help.
Call us at (201) 574-7919 to schedule a consultation.
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