New Jersey prostitution law

New Jersey law prohibits prostitution and an array of related crimes through one main statute with several subsections that define certain behaviors as unlawful. General prostitution does not carry a severe penalty on the first offense, but subsequent offenses receive stricter punishments, as do related crimes of more severity.

Prostitution defined

Prostitution in New Jersey is defined as engaging in sexual activity with another individual in exchange for something of economic value. Additionally, making an offer for or accepting an offer for compensation in exchange for sexual activity is considered prostitution. Sexual activity includes more than just sexual intercourse, as defined by New Jersey laws. Any genital-to-genital, oral-to-genital, anal-to-genital or oral-to-oral contact may be considered sexual activity. Other inclusions are masturbation; and touching of the genitals, buttocks or female breasts. Any sadistic or masochistic abuse or deviate sexual activity is also included.

Sentencing for the first offense of prostitution is jail time for up to 6 months and/or a fine to be determined by the court. The first offense is considered a disorderly persons offense. Subsequent offenses may receive sentences of up to 18 months imprisonment and/or a fine. These offenses are considered crimes of the 4th degree by the court.

Promotion of prostitution

Several crimes are included in the category of promotion. They all help to promote or facilitate the crime of prostitution through direct action of the defendant. These are the crimes included in the promotion of prostitution:

Maintaining, controlling or owning a house of prostitution or a prostitution business. A house of prostitution is defined as any place where prostitution is regularly carried on by at least one person under the control or management of another.
Procuring an inmate for a house of prostitution or reserving a place in a house of prostitution for one who will become an inmate.
Encouraging or inducing another to become a prostitute or remain in the prostitution business.
Soliciting another person to patronize a prostitute.
Procuring or reserving a prostitute for another patron.
Transporting a person into or within the state of New Jersey for the purpose of the person engaging in prostitution. Also included is the providing of transportation or paying for transportation for this purpose.
Allowing a premise or place to be used for prostitution regularly. Failing to stop the acts of prostitution by legal means at a place in one's control also is considered promotion of prostitution.

Promoting prostitution in the 3rd degree

There are three promotion crimes that qualify as crimes of the 3rd degree. The first is when one person compels or forces (by threats or violence) to engage in prostitution or become a prostitute. Secondly, one who promotes the prostitution of his or her spouse may be charged with a crime in the 3rd degree. Someone who engages in prostitution with someone who is younger than 18 years old is guilty of a crime in the 3rd degree. Sentences include 3 to 5 years in prison and/or a fine to be determined by the court.

The court does not recognize the defense that the defendant didn't know the prostitute was under 18 years old.

Vehicle Use

When a vehicle is used in any crime related to prostitution, the driver of the vehicle may lose his driving privileges. At the time of conviction, the defendant's driver's license is revoked for 6 months.

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