The potential ramifications depend on the specific charges that are filed against the person, and equally importantly whether the state can prove its case beyond a reasonable doubt. As a certified criminal trial attorney in NJ (NJ Supreme Court Bd. on Attorney Certification) and a former federal prosecutor, I emphasize that it is important to examine every case with exacting scrutiny concerning whether the State can prove its case. Merely being present in a location in which illegal activity occurs is NOT a crime. The prosecution has to prove more. Evaluating whether the prosecutor has COMPETENT and ADMISSIBLE evidence is an extremely important and often nuanced analysis. It can mean the difference between an acquittal or dismissal of all charges, or a conviction. Often persons arrested think they have no recourse because they were present at the scene of a crime. Retaining an experienced criminal defense attorney can make the difference.
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Both the person providing the massage/sex act(masseuse) and the person receiving it(paying customer) may be arrested for engaging in acts of prostitution. It will then be up to the district attorney's office as to who will be charged and what charges will be filed.
In New Jersey a customer is likely to be charged with solicitation and have the charges heard in municipal court. Depending on the criminal history, likely sentence includes fines and possible community service. Jail is also possible. These would he criminal charges and result in a criminal record. If a person is not a citizen there would also be immigration consequences.
This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.
Under 2C:34-1 patronizing a prostitute is a disorderly persons offense. The definition requires "sexual activity". A legitimate massage is not sexual activity but you will have a problem defending that case. There is a maximum $1000 fine, 180 days in county jail and one year probation. Realistically you are looking at a $500 fine but the arrest and conviction will be on your record. The Sayreville Court is very reasonable and the prosecutor is terse but fair. If you want to fight the charge get an attorney, even if the State has the proofs you may be able to plead to a lesser charge. Call for a free consultation. 908-687-6650
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