Is Prostitution Legal in New York? Penalties, NYC and Pending Bills (2026)
Short answerNo. Prostitution is illegal everywhere in New York, including New York City. Agreeing to sexual conduct for a fee is a class B misdemeanor under Penal Law § 230.00, and paying for it is a class A misdemeanor under Penal Law § 230.04. A bill to decriminalize adult sex work is pending but has not passed.
Last verified: November 1, 2026 against Penal Law Article 230, Penal Law §§ 70.00 and 70.15, and Senate bill S2513 and Assembly bill A3251
Is prostitution legal in New York? Not in any part of the state. New York has no licensed brothels and no legal red-light zone, and state law applies the same way in all 62 counties. What has changed in recent years is how the law is enforced in some places, and a bill in Albany would go much further. This page sorts out what is a crime today, what is not, and what is pending.
Key facts
- Selling sex: prostitution is a class B misdemeanor (
Penal Law § 230.00). - Buying sex: patronizing is a class A misdemeanor in the third degree (
Penal Law § 230.04). - Brothels: running a business with two or more people is a class D felony (
Penal Law § 230.25). - Loitering charge: repealed in 2021 (
Penal Law § 240.37). - Trafficking victims: have an affirmative defense (
Penal Law § 230.01). - Pending change: S2513 and A3251 are in committee in the 2025-2026 session.
- New York City: same state law, but Manhattan’s district attorney stopped prosecuting prostitution in 2021.
Is prostitution illegal in NY?
Yes. Article 230 of the Penal Law makes it a crime to engage or agree to engage in sexual conduct with another person in return for a fee. Offering counts as much as doing, so a conviction does not require that anything actually happened.
The law also reaches the buyer. Patronizing a person for prostitution includes paying a fee for sexual conduct, agreeing to pay, or soliciting it, as defined in Penal Law § 230.02. Both sides of the exchange can be charged.
What are the penalties for prostitution in New York?
The charge depends on the role and the age of the person involved. Under Penal Law § 70.15, a class B misdemeanor carries up to 3 months in jail and a class A misdemeanor up to 364 days. For felonies, Penal Law § 70.00 caps the maximum term at 4 years for class E, 7 for class D, 15 for class C and 25 for class B.
| Offense | Statute | Level |
|---|---|---|
| Prostitution | Penal Law § 230.00 | Class B misdemeanor |
| Prostitution in a school zone (age 19 or older) | Penal Law § 230.03 | Class A misdemeanor |
| Patronizing a person for prostitution, third degree | Penal Law § 230.04 | Class A misdemeanor |
| Patronizing, second degree (person patronized under 15) | Penal Law § 230.05 | Class E felony |
| Patronizing, first degree (person under 11, or under 13 if the actor is 18 or older) | Penal Law § 230.06 | Class D felony |
| Promoting prostitution, fourth degree | Penal Law § 230.20 | Class A misdemeanor |
| Promoting prostitution, third degree | Penal Law § 230.25 | Class D felony |
| Promoting prostitution, second degree | Penal Law § 230.30 | Class C felony |
| Promoting prostitution, first degree | Penal Law § 230.32 | Class B felony |
| Sex trafficking and sex trafficking of a child | Penal Law §§ 230.34 and 230.34-a | Class B felony |
| Permitting prostitution (controlling a place used for it) | Penal Law § 230.40 | Class B misdemeanor |
Anything involving a minor, force or a trafficking scheme is treated as a serious felony, not a vice offense. For how misdemeanors and felonies fit together, see our guide to the NY Penal Law.
Is prostitution legal in New York City?
No. The Penal Law is statewide, so selling or buying sex is a crime in all five boroughs. What differs in the city is prosecution. On April 21, 2021, the Manhattan District Attorney’s office asked a court to dismiss nearly 6,000 older cases, mostly loitering for prostitution plus several hundred prostitution cases, and said it would stop prosecuting prostitution, while patronizing and sex trafficking cases would still be pursued. Earlier in 2021, prosecutors in Brooklyn, Queens and the Bronx also dismissed hundreds of old cases and warrants, mainly loitering-related, but did not announce the same broad policy.
New York City note: A district attorney’s policy is a choice about which cases to bring, not a change in the law. The offense still exists, a policy can change with a new administration, and it does not bind the police, other counties or the state.
Are escorts legal in New York?
Partly. Hiring someone for companionship, such as dinner or a night out, is not a crime by itself. The line is crossed when sexual conduct is offered, agreed to or paid for. Calling the arrangement an escort service or an agency does not change that, and it does not protect either person.
Someone who runs an escort business that advances or profits from prostitution can face promoting prostitution charges. Under Penal Law § 230.20 that is a class A misdemeanor, and under Penal Law § 230.25 it becomes a class D felony when the business involves two or more people.
Are brothels legal in New York?
No. Knowingly managing or owning a prostitution business involving two or more people is promoting prostitution in the third degree, a class D felony under Penal Law § 230.25. A landlord or owner who knows a place is used for prostitution and does not make a reasonable effort to stop it can be charged with permitting prostitution, a class B misdemeanor.
Nevada is the one state that allows licensed brothels, and only in certain counties. New York’s neighbors New Jersey, Connecticut and Pennsylvania do not allow them either.
What changed in 2021: loitering and the “walking while trans” law
Until 2021, Penal Law § 240.37 let police charge people with loitering for the purpose of prostitution, often based on how they were dressed or where they stood. Senate bill S1351 repealed that section and was signed on February 2, 2021 as Chapter 23 of the Laws of 2021. The repeal took effect immediately, and the act says no prosecution under the old section should be started or continued.
Is there a bill to legalize prostitution in New York?
There is a bill to decriminalize it, and legalization in the sense of licensed businesses is not part of it. “Cecilia’s Act for Rights in the Sex Trades” is S2513 in the Senate, sponsored by Senator Julia Salazar, and A3251 in the Assembly, sponsored by Assemblymember Forrest. Both were amended and recommitted to their Codes committees on May 12, 2026 and have not reached a floor vote.
- It would remove the standalone prostitution offense and repeal several related sections, including permitting prostitution.
- Trafficking, coercion and offenses involving minors would stay crimes.
- It would add sealing rules for old convictions that would no longer be crimes.
Until a bill passes both houses and the Governor signs it, the penalties above remain in force.
Myths vs facts
| Myth | Fact |
|---|---|
| It is legal in New York City | It is a crime statewide, even where prosecutors have paused many cases. |
| Only the seller can be charged | Buyers face patronizing charges, which prosecutors still bring. |
| An escort agency makes it legal | Paying for sexual conduct is the offense, whatever the business is called. |
| The loitering charge still exists | It was repealed in February 2021. |
What if the person was a trafficking victim?
Penal Law § 230.01 gives an affirmative defense when a person’s participation was the result of being a victim of compelling prostitution, sex trafficking, sex trafficking of a child or federal trafficking in persons. People with past convictions linked to trafficking may also be able to ask a court to vacate them under Criminal Procedure Law § 440.10.
Frequently asked questions
Is prostitution illegal in New York State?
Yes. Engaging or agreeing to engage in sexual conduct for a fee is a class B misdemeanor under Penal Law § 230.00, and paying for it is patronizing under § 230.04, a class A misdemeanor. The rule is the same in every county.
Is prostitution illegal in NY City?
Yes. No city law legalizes it. In 2021 the Manhattan district attorney dismissed old cases and stopped prosecuting prostitution, and other city prosecutors dismissed old cases, but the state offense remains and patronizing and trafficking charges continue.
Is it illegal to hire an escort in NY?
Paying for companionship alone is not a crime. Paying, agreeing to pay or asking for sexual conduct for a fee is patronizing, a class A misdemeanor in the third degree, and the penalties rise if the person is a minor.
Will New York legalize prostitution?
That is uncertain. S2513 and A3251 would decriminalize adult sex work, but both sit in committee and have had no floor vote. Nothing changes until both chambers pass a bill and the Governor signs it.
Can a seller be treated as a trafficking victim?
Yes. If someone was forced, deceived or controlled into prostitution, Penal Law § 230.01 gives an affirmative defense, and past convictions may be vacated. The National Human Trafficking Hotline can connect victims with help.
What changed on this page
- November 1, 2026: first publication, checked against Penal Law §§ 230.00 to 230.40, 70.00 and 70.15, S1351 (2021), and the 2025-2026 bills S2513 and A3251. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
If you have been arrested or charged, speak with a New York-licensed criminal defense attorney before answering questions. Legal Aid and public defender offices handle many of these cases in New York City, and a local bar association lawyer referral service can help you find an attorney elsewhere. More topics are in crime and courts.
