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Criminal Court Determined that Agreement to Have Sex for Money is a Crime Regardless of Gender. People v. Medina, 685 N.Y.S.2d 599, 179 Misc.2d 617 (N.Y. City Ct. 1999)


In a criminal case, the document that the prosecutor presents to charge the accused must be legally sufficient. The legal sufficiency of an accusatory instrument involves two key criteria. First, the allegations must provide reasonable cause to believe that the defendant committed the offense. Second, non-hearsay allegations must establish, if true, every element of the charged offense.

People v. Medina revolves around a misdemeanor charge of prostitution brought against the defendant, Allan Medina. Medina challenges the legal sufficiency of the accusatory instrument, specifically focusing on the absence of non-hearsay allegations establishing each element of the offense, if proven true. The crux of his argument that in order to commit the crime of prostitution, the agreement to have sex in exchange for money must be between a man and a woman.

Factual Background
Defendant Allan Medina agreed to engage in sexual contact with an undercover police officer, Officer Tyrone Dux. The alleged agreement involved sexual intercourse in exchange for $100. Medina was arrested and charged with prostitution (Penal Law ยง 230.00), a class B misdemeanor.

Medina argued that it is legally and factually impossible for two males to agree to engage in sexual intercourse. He asserts that such an act inherently necessitates the participation of one male and one female. Consequently, he argues that the information lacks factual allegations that establish an essential element of the prostitution offense.

The court determined that the accusation, alleging that the defendant agreed to engage in “sexual intercourse” with another person, sufficiently established an essential element of the prostitution offense.

Medina’s argument draws from definitions found in Article 130 of the Penal Law, which deals with sex offenses. While Article 130 defines “sexual intercourse” and “deviate sexual intercourse,” it is essential to recognize that these definitions explicitly apply to Article 130 and not to Article 230, which addresses prostitution offenses. Importantly, Article 230 uses a single term, “sexual conduct,” without distinguishing based on gender or sexual orientation.

To determine the legislative intent behind Article 230, it is crucial to consider its overarching purpose. Article 230 seeks to prohibit the commercial exploitation of sexual gratification and public solicitation of sex acts for a fee. It aims to regulate the commercialization of sexual activity, regardless of whether it is heterosexual or homosexual in nature.

Furthermore, section 230.10 of the Penal Law reinforces this intent by stating that the sex of the parties involved is immaterial in prosecutions for prostitution or patronizing a prostitute. This provision underscores the legislature’s intention to regulate all forms of sexual acts for financial gain, irrespective of gender or sexual orientation.

Additionally, a historical perspective highlights the legislature’s commitment to addressing prostitution and related offenses without gender-specific distinctions. The modernization of statutory language within Article 230 indicates a deliberate shift towards a gender-neutral approach, acknowledging evolving societal norms and values.

In Medina, the court has determined that the allegation regarding the defendant’s agreement to engage in “sexual intercourse” with an undercover officer sufficiently pleads that he agreed to perform a sex act with another person. This decision aligns with the legislative intent behind Article 230, which seeks to regulate all forms of commercialized sexual activity without discrimination based on gender or sexual orientation.

In a legal landscape where language can be elastic and subject to evolving societal norms, interpreting statutes in line with legislative intent is paramount. This case exemplifies the importance of understanding the underlying purpose of a law and adapting its interpretation to meet the changing dynamics of society.

If you ever find yourself facing a charge related to prostitution or any other sex crime, contact an experienced New York sex crime lawyer at Stephen Bilkis & Associates. Legal nuances and interpretations can significantly impact the outcome of your case, making professional legal counsel invaluable in safeguarding your rights and interests.

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