C.G.S. § 53a-87 Promoting Prostitution in the Second Degree

General Description

Under Connecticut law, C.G.S. § 53a-87 makes it a crime to knowingly advance or profit from prostitution when aggravating factors are present. This charge typically applies when someone manages, controls, or profits from the prostitution of another person rather than engaging in prostitution themselves. Promoting prostitution in the second degree is a Class C felony, punishable by up to 10 years in prison, a $10,000 fine, and probation.

The state takes these allegations very seriously, especially when there are claims of coercion, organized activity, or business operations like massage parlors.

Elements of the Offense

To convict someone of Promoting Prostitution in the Second Degree, prosecutors must prove that the accused knowingly:

• Advanced prostitution by managing, supervising, or controlling a prostitution business or enterprise; or
• Profited financially from another person’s prostitution; or
• Facilitated prostitution through ownership, management, or control of a place where prostitution regularly occurs.

Unlike patronizing a prostitute, this charge focuses on the organizational or managerial side of prostitution.

Detailed Examples

1. Massage Parlor Case
   • A Stamford man owns a massage business and instructs employees to provide sexual services to paying clients. He collects a percentage of the money each worker earns. Even though he may not directly engage in sexual activity, he is profiting from and promoting prostitution, making him guilty under § 53a-87.
2. Transportation & Profit Case
   • A Norwalk resident regularly drives sex workers to hotel rooms, sets up client appointments, and takes 40% of their earnings. By organizing logistics and sharing in profits, he is clearly advancing prostitution. This falls directly under promoting prostitution in the second degree.
3. Online Escort Management
   • A Bridgeport woman creates and manages escort ads online, sets up client meetings, and takes payment via electronic transfers. Even if she doesn’t personally meet with clients, her role in managing, scheduling, and profiting constitutes promoting prostitution in the second degree.
4. Innocent Example – Landlord
   • A New Haven landlord rents an apartment to tenants who secretly use it for prostitution without his knowledge. He receives only standard rent and has no role in managing or promoting the activity. Since he had no knowledge or intent, he is not guilty under § 53a-87.

Related Offenses

• C.G.S. § 53a-86 – Promoting Prostitution in the First Degree
• C.G.S. § 53a-83 – Patronizing a Prostitute
• C.G.S. § 53a-82 – Prostitution

Defenses

• Lack of Knowledge: The accused must knowingly advance or profit from prostitution.
• No Financial Benefit: If no money or value is gained, the element of “profiting” is missing.
• Entrapment: In sting operations, police may overstep boundaries, creating an entrapment defense.
• Diversionary Programs: First-time offenders may sometimes be considered for diversionary programs such as the Accelerated Rehabilitation (AR) program. However, since this is a Class C felony, eligibility is a long shot, but an experienced lawyer can still advocate for it in limited cases.

Penalties

Promoting Prostitution in the Second Degree is a Class C Felony, punishable by:

• Up to 10 years in prison
• Up to $10,000 in fines
• Probation and collateral consequences, including immigration issues, reputational harm, and licensing problems

Repeat or aggravated cases may draw harsher sentences.

FAQs About Promoting Prostitution in the Second Degree1. What Does It Mean to “Advance Prostitution”?

It means to facilitate, manage, or promote prostitution in some way — such as running ads, providing a place for sex work, or arranging clients. The focus is on people who help organize prostitution rather than individual participants. Even indirect support can be considered advancement.

2. Is this charge the same as being a prostitute?

No. Prostitution involves offering sexual services directly. Promoting prostitution targets the organizers, managers, or those profiting from it. The law punishes promoters more harshly because they are seen as exploiting others.

3. Can a landlord be charged if tenants use their property for prostitution?

Only if the landlord knew about it and allowed it to continue. If the landlord simply rented the space without knowledge, they are not guilty. Intent and awareness are key parts of the case.

4. What if I just drove someone to a hotel?

If you knowingly transport someone for the purpose of prostitution, prosecutors may argue you were facilitating it. If you didn’t know the purpose of the ride, you cannot be convicted. The state must prove knowledge beyond a reasonable doubt.

5. What defenses are available?

Common defenses include lack of knowledge, no financial benefit, entrapment, or mistaken identity. Each defense strategy depends heavily on the facts of the case. An attorney’s job is to highlight weaknesses in the state’s evidence.

6. Can this charge be reduced?

Yes. In some cases, attorneys can negotiate plea deals to lesser charges like prostitution or patronizing. This can help avoid felony consequences. Every case depends on the strength of the evidence.

7. Is Accelerated Rehabilitation (AR) available?

Because this is a Class C felony, AR is rarely granted. However, in extraordinary situations with no prior record, a judge may consider it. An experienced lawyer can present the strongest possible case for eligibility.

8. How long will my case take?

Felony prostitution-promotion cases can take 6–12 months or longer. They often involve complex evidence like surveillance, undercover operations, or financial records. Your attorney will work to resolve the case as quickly and favorably as possible.

Call to Action

If you are facing a charge of Promoting Prostitution in the Second Degree (C.G.S. § 53a-87), your freedom and future are on the line. These cases are aggressively prosecuted in Connecticut and carry life-altering consequences.

📞 Call me, Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or contact me here for a free, confidential consultation. The sooner you act, the better your chances of protecting your record and your future.

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