A person generally commits the crime of prostitution by engaging in sexual contact or offering to engage in sexual contact in exchange for money or other consideration.

It is also a criminal offense to solicit (on a person's own behalf, or on behalf of another person), promote, or compel prostitution. For example, most states have laws that make it illegal to buy, sell, or profit from prostitution—which is generally the business of pimps and other human traffickers—known as pimping, pandering, procuring, soliciting, promoting, or compelling prostitution.

Prostitution laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In New York, prostitution is defined under Penal Law Section 230.00 as engaging in, or agreeing to engage in, or offering to engage in sexual conduct with another person in exchange for a fee. Prostitution is considered a Class B misdemeanor. Additionally, New York criminalizes activities associated with prostitution, such as promoting prostitution (Penal Law Sections 230.19 to 230.40), which can range from a Class A misdemeanor to a Class B felony depending on the degree and specific circumstances, including the age of the person prostituted and the use of force or coercion. Compelling prostitution, which involves forcing someone to engage in prostitution, is a Class B felony under Penal Law Section 230.33. Soliciting a prostitute is also illegal and is addressed under Penal Law Section 230.04, making it a Class A misdemeanor. The state takes a strong stance against human trafficking and related activities, with severe penalties for those who engage in or facilitate such conduct.