senate Bill S5623

Signed by Governor

Relates to the crime of promoting prostitution in the fourth degree

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Sponsor

Co-Sponsors

Bill Status


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

  • 07 / Jun / 2011
    • REFERRED TO CODES
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1345
  • 17 / Jun / 2011
    • PASSED SENATE
  • 17 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2011
    • REFERRED TO CODES
  • 20 / Jun / 2011
    • SUBSTITUTED FOR A8026
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.498
  • 20 / Jun / 2011
    • PASSED ASSEMBLY
  • 20 / Jun / 2011
    • RETURNED TO SENATE
  • 08 / Jul / 2011
    • DELIVERED TO GOVERNOR
  • 20 / Jul / 2011
    • SIGNED CHAP.215

Summary

Relates to the crime of promoting prostitution in the fourth degree; includes the act of distributing obscene material or material that depicts nudity if such distribution is done with intent to advance or profit from prostitution.

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Bill Details

See Assembly Version of this Bill:
A8026
Versions:
S5623
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd ยง230.20, Pen L

Sponsor Memo

BILL NUMBER:S5623

TITLE OF BILL:
An act
to amend the penal law, in relation to the crime of promoting
prostitution in the fourth degree

PURPOSE:
This bill will specifically add the distribution of obscene material
or material that depicts nudity to more than 10 people in a public
place with the intent to advance or profit from prostitution to the
current penal law which prohibits the promotion of prostitution in
the fourth degree.

SUMMARY OF PROVISIONS:
Section 1 amends section 230.20 of the penal law, promoting
prostitution in the fourth degree, by adding "or with the intent to
advance or profit from prostitution, distributes or disseminates to
ten or more people in a public place obscene material, as such terms
are defined by subdivisions one and two of section 235.00 of this
title, or material that depicts nudity, as such term is defined by
subdivision one of section 245.10 of this part."

JUSTIFICATION:
The distribution of business-size cards with images of scantily clad
and/or naked men and/or women are common along the street of
Roosevelt Avenue in Queens. These cards affect the quality of life in
the neighborhood, but they are also indicative of a larger issue; the
sex trade industry.

This bill will amend the existing law on promoting prostitution to
explicitly include the distribution obscene material to 10 or more
people in a public space with the intent to advance or profit from
prostitution as a form of promoting prostitution and a fourth degree
misdemeanor.

This is the first step toward cleaning up Roosevelt Avenue and
towards stopping the cycle of exploitation in the sex trade industry
that is spilling into the streets of Queens.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall become a law.

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

                                  5623

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 7, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  the  crime  of  promoting
  prostitution in the fourth degree

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

  Section 1.  Section 230.20 of the penal law, as amended by chapter 627
of the laws of 1978, is amended to read as follows:
S 230.20 Promoting prostitution in the fourth degree.
  A person is guilty of promoting prostitution in the fourth degree when
he OR SHE knowingly [advances]:
  1. ADVANCES or profits from prostitution[.]; OR
  2. WITH INTENT TO ADVANCE OR PROFIT FROM PROSTITUTION, DISTRIBUTES  OR
DISSEMINATES  TO  TEN OR MORE PEOPLE IN A PUBLIC PLACE OBSCENE MATERIAL,
AS SUCH TERMS ARE DEFINED BY SUBDIVISIONS ONE AND TWO OF SECTION  235.00
OF  THIS TITLE, OR MATERIAL THAT DEPICTS NUDITY, AS SUCH TERM IS DEFINED
BY SUBDIVISION ONE OF SECTION 245.10 OF THIS PART.
  Promoting prostitution in the fourth degree is a class A misdemeanor.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11821-01-1

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