Quick Reference Chart for Determining Immigration Consequences ...

APPENDIX A: QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF COMMON NEW YORK OFFENSES
Offense
Promoting
prostitution, 4th
degree
Class A
misdemeanor
Promoting
prostitution, 3rd
degree
Class D felony
NYPL
Section
Aggravated
Felony (AF)?
230.20 Might be
“prostitution
business” AF. If
record of
conviction
establishes that
prostitution
promoted was
of a minor,
might also be
“sexual abuse
of a minor” AF.
230.25 Probably is
“prostitution
business” AF.
If record of
conviction
establishes that
prostitution
promoted was
of a minor,
might also be
“sexual abuse
of a minor” AF.
Crime Involving
Moral Turpitude
(CIMT)?
Probably.
Probably.
Other Grounds?:
Controlled Substance (CSO)
Crime Against Child (CAC)
Dom. Violence (CODV) etc.
Firearm Offense (FO)
Prostitution
Commercialized Vice
Might be “prostitution”
inadmissibility. If prostitute is
minor, might be CAC.
Might be “prostitution”
inadmissibility. If prostitute is
minor, might be CAC.
Comments, Strategies & Tips
These are by no means an exhaustive list of strategies and tips
advocates may pursue. For additional defense lawyer strategies,
see Chapter 5. For additional immigration lawyer strategies, see
Appendix K.
Tip for defense lawyers:
1. To avoid “prostitution business” AF or “prostitution”
inadmissibility risks, consider obtaining an adjournment
in contemplation of dismissal (ACD) or an alternative
offense such as Disorderly Conduct (see below, PL
240.20), Trespass (see above, PL 140.05) or Criminal
Nuisance (see below, PL 240.45) if possible.
2. If Tip 1 above is not possible, to decrease
“prostitution business” AF risk, consider alternative
offense of Permitting Prostitution (see below, PL 230.40)
or Patronizing a Prostitute, 4 th (see above, PL 230.03
and accessory liability under PL 20.00)) and, if prostitute
might be minor, leave out of record of conviction
reference to the age of the prostitute.
3. If pleading to this offense cannot be avoided, keep
out of record of conviction reference to the age of the
prostitute.
Tip for defense lawyers:
1. To avoid “prostitution business” AF or “prostitution”
inadmissibility risks, consider alternative offense such as
Disorderly Conduct (see below, PL 240.20), Trespass
(see above, PL 140.05) or Criminal Nuisance (see below,
PL 240.45) if possible.
2. If Tip 1 above is not possible, to decrease
“prostitution business” AF risk, consider alternative
offense of Permitting Prostitution (see below, PL 230.40)
or Patronizing a Prostitute, 4 th (see above, PL 230.03
and accessory liability under PL 20.00)) and, if prostitute
might be minor, leave out of record of conviction
reference to the age of the prostitute.
A-84 NYSDA IMMIGRANT DEFENSE PROJECT, December 2006