People v. Samantha R.
New York City Criminal Court
2011 Misc. 3d 1235, 941 N.Y.S.2d 540 (2011)
- Written by Liz Nakamura, JD
Facts
Samantha R. (defendant), a 16-year-old girl, was charged with loitering for the purposes of prostitution, a noncriminal violation. Police arrested Samantha after watching her stand in the middle of a road for approximately 20 minutes, during which time she beckoned to several motorists and pedestrians and engaged two men in conversation. Samantha did not engage in any acts of prostitution. At Samantha’s arraignment, the trial court raised, of its own volition, the issue of whether the charges against Samantha should be dismissed under New York’s Safe Harbour Act. The court allowed both sides to submit motions supporting or opposing dismissal. The prosecutors for the City of New York (plaintiff) argued that the charges should not be dismissed because prosecuting teenage prostitutes helped the city fight sex trafficking.
Rule of Law
Issue
Holding and Reasoning (Hecht, J.)
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