NY · jury_instructions
CJI2d[NY] Penal Law § 230.04
PATRONIZING A PERSON FOR PROSTITUTION IN THE THIRD DEGREE
The (specify) count is Patronizing a Person for Prostitution in the Third Degree.
Under our law, a person is guilty of Patronizing a Person for Prostitution in the Third Degree when he or she patronizes a person for prostitution.
A person PATRONIZES A PERSON FOR PROSTITUTION when:
Select appropriate alternative(s):
he or she pays a fee to another person pursuant to a prior understanding, as compensation for such person or a third person having engaged in sexual conduct² with him or her; or
he or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; or
he or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.³
[Add if applicable:
In any prosecution for patronizing a person for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that:
1. Such persons were of the same sex; or
2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.⁴]
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, the following element:
That on or about (date) , in the County of (County) , the defendant, (defendant's name), patronized a person for prostitution.
If you find the People have proven that element beyond a reasonable doubt, you must find the defendant guilty of this crime.
If you find the People have not proven that element beyond a reasonable doubt, you must find the defendant not guilty of this crime.
History
Caption: PATRONIZING A PERSON FOR PROSTITUTION IN THE THIRD DEGREE Penal Law § 230.04 (Committed on or after Jan. 19, 2016). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
7d6cb9d62715e1a3d6c8e572314b9692f0e40512f8fb002eaee8dfe7b4ca409e
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.