Q: Can a Promotion Prostitution charge be a felony if it was only a conversation about future actions that never happened?

A: We don't have felony or misdemeanor classifications in NJ must criminal offenses and yes you can be charged and convicted with a criminal offense even if you did not actually commit the offense intended. Get a good lawyer as a criminal offense can ruin your record for life let alone the other consequences including possible jail and probation you face.

A: 2C:34-1 Prostitution and related offenses.


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:



å(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.