senate Bill S1415C

Relates to prostitution offenses involving minors; repealer

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 07 / Jan / 2011
    • REFERRED TO CODES
  • 08 / Mar / 2011
    • 1ST REPORT CAL.172
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 16 / May / 2011
    • AMENDED ON THIRD READING 1415A
  • 01 / Jun / 2011
    • AMENDED ON THIRD READING 1415B
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 10 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO CODES
  • 10 / Jan / 2012
    • PRINT NUMBER 1415C
  • 14 / Feb / 2012
    • 1ST REPORT CAL.199
  • 15 / Feb / 2012
    • 2ND REPORT CAL.
  • 29 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 12 / Mar / 2012
    • PASSED SENATE
  • 12 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Mar / 2012
    • REFERRED TO CODES

Summary

Relates to prostitution offenses; adds crime of patronizing a prostitute in the fourth degree.

do you support this bill?

Bill Details

Versions:
S1415
S1415A
S1415B
S1415C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §230.03, amd §§230.04 - 230.06, 230.32 & 230.33, rpld §230.07, Pen L

Sponsor Memo

BILL NUMBER:S1415C

TITLE OF BILL:
An act
to amend the penal law, in relation to prostitution offenses;
and to
repeal section 230.07 of the penal law relating thereto

PURPOSE:
This bill would partially conform the ages of victims in certain
prostitution offenses found in Article 230 of the Penal Law to the
ages of victims of rape offenses found in Article 130 of the Penal
Law. This bill would also raise the penalties for patronizing a
prostitute in the third, second and first degrees and for promoting
prostitution in the first degree.

SUMMARY OF PROVISIONS:
Section 1 amends the Penal Law by adding a new section 230.03 which
provides that patronizing a prostitute in the fourth degree is a
class A misdemeanor.

Section 2 amends section 230.19 of the Penal Law, as added by Chapter
191 of the Laws of 2011, by adding conforming language.

Section 3 amends section 230.04 of the Penal Law, as amended by
Chapter 74 of the Laws of 2007, by defining patronizing a prostitute
in the third degree. It provides that a person who is over 21 and
patronizes a prostitute who is a child under 17 years of age is
guilty of a class E felony.

Section 4 amends section 230.05 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by defining patronizing a prostitute in the
second degree. It provides that a person who is 18 or older, and
patronizes a prostitute who is a child under 15 years of age is
guilty of a class D felony.

Section 5 amends section 230.06 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by defining patronizing a prostitute in the
first degree. It provides that a person patronizing a prostitute who
is a child under 11 years of age, or a person who is 18 years of age
or older, and patronizes a prostitute who is a child under the age of
13 is guilty of a class C felony.

Section 6 repeals section 230.07 of the Penal Law.

Section 7 amends section 230.32 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by defining promoting prostitution in the
first degree. It provides that promoting a prostitute under the age
of 13 years old is a class B felony.

Section 8 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by defining compelling prostitution in the
second degree. It provides that promoting a prostitute under the age
of 17 years old is a class B felony.


Section 9 sets forth the effective date as the ninetieth day after it
shall have become law.

EXISTING LAW:
Currently, engaging in sex with a child under the age of 15 is
ordinarily a class D felony, but patronizing a prostitute who is
under the age of 14 is a class E non-violent felony. Throughout New
York State's sex crimes statutes, a child is considered to be a
person under the age of 17, but the crime of compelling prostitution
applies to victims who are less than 16. A defendant who pays for sex
with a ten year old child would be charged with patronizing a
prostitute in the first degree, a class D felony, but if no money is
exchanged or offered, that same defendant would be charged with
first-degree rape, a class B violent felony.

JUSTIFICATION:
There are multiple inconsistencies throughout Penal Law with regard to
the ages of victims of crimes of prostitution and certain other sex
crimes involving children. This bill would raise the penalty for
patronizing a prostitute in the first degree to a class C felony, and
adjust certain other patronizing and promoting crimes. While there
is, currently, strict liability imposed upon defendants who have sex
with children, this legislation would apply the same standard of
liability to defendants who have sex with child prostitutes.

LEGISLATIVE HISTORY:
2008: S.7986 - Passed Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Effective on the ninetieth day after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1415--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading -- again amended and ordered  reprinted,
  retaining  its  place  in the order of third reading -- recommitted to
  the Committee on Codes in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law, in relation to prostitution offenses; and
  to repeal section 230.07 of the penal law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  230.03  of  the  penal law is renumbered section
230.01 and a new section 230.03 is added to read as follows:
S 230.03 PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF PATRONIZING A PROSTITUTE IN  THE  FOURTH  DEGREE
WHEN HE OR SHE PATRONIZES A PROSTITUTE.
  PATRONIZING  A  PROSTITUTE IN THE FOURTH DEGREE IS A CLASS A MISDEMEA-
NOR.
  S 2.  Section 230.19 of the penal law, as added by chapter 191 of  the
laws of 2011, is amended to read as follows:
S 230.19 Promoting prostitution in a school zone.
  1. A person is guilty of promoting prostitution in a school zone when,
being  nineteen  years  of age or older, he or she knowingly advances or
profits from prostitution that he or she knows or reasonably should know
is or will be committed in violation of section [230.03] 230.01 of  this
article in a school zone during the hours that school is in session.
  2.  For  purposes  of  this  section, "school zone" shall mean "school
zone" as defined in subdivision two of section [230.03] 230.01  of  this
article.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05316-06-2

S. 1415--C                          2

  Promoting prostitution in a school zone is a class E felony.
  S  3. Section 230.04 of the penal law, as amended by chapter 74 of the
laws of 2007, is amended to read as follows:
S 230.04 Patronizing a prostitute in the third degree.
  A person is guilty of patronizing a prostitute  in  the  third  degree
when, BEING TWENTY-ONE YEARS OLD OR MORE, he or she patronizes a prosti-
tute AND THE PERSON PATRONIZED IS LESS THAN SEVENTEEN YEARS OLD.
  Patronizing  a  prostitute in the third degree is a class [A misdemea-
nor] E FELONY.
  S 4. Section 230.05 of the penal law, as added by chapter 627  of  the
laws of 1978, is amended to read as follows:
S 230.05 Patronizing a prostitute in the second degree.
  A  person  is  guilty of patronizing a prostitute in the second degree
when, being [over] eighteen years [of  age]  OLD  OR  MORE,  he  OR  SHE
patronizes  a  prostitute  and the person patronized is less than [four-
teen] FIFTEEN years [of age] OLD.
  Patronizing a prostitute in the second degree is a class [E] D felony.
  S 5. Section 230.06 of the penal law, as added by chapter 627  of  the
laws of 1978, is amended to read as follows:
S 230.06 Patronizing a prostitute in the first degree.
  A  person  is  guilty  of patronizing a prostitute in the first degree
when: 1. he OR SHE patronizes a prostitute and the person patronized  is
less than eleven years [of age.] OLD; OR
  2.  BEING  EIGHTEEN YEARS OLD, OR MORE, HE OR SHE PATRONIZES A PROSTI-
TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a prostitute in the first degree is a class [D] C felony.
  S 6. Section 230.07 of the penal law is REPEALED.
  S 7. Section 230.32 of the penal law, as added by chapter 627  of  the
laws of 1978, is amended to read as follows:
S 230.32 Promoting prostitution in the first degree.
  A  person is guilty of promoting prostitution in the first degree when
he OR SHE knowingly advances or profits from prostitution  of  a  person
less than [eleven] THIRTEEN years old.
  Promoting prostitution in the first degree is a class B felony.
  S  8.  Section 230.33 of the penal law, as added by chapter 450 of the
laws of 2005, is amended to read as follows:
S 230.33 Compelling prostitution.
  A person is guilty of compelling prostitution when,  being  twenty-one
years  [of age or older] OLD OR MORE, he or she knowingly advances pros-
titution by compelling a person less than [sixteen] SEVENTEEN years old,
by force or intimidation, to engage in prostitution.
  Compelling prostitution is a class B felony.
  S 9. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.