senate Bill S265

Increases promoting prostitution in the fourth degree from a class A misdemeanor to a class E felony

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Increases promoting prostitution in the fourth degree from a class A misdemeanor to a class E felony; includes within such offense the knowing issuance, provision, mailing, distribution or transmission of any written material or electronic communication which advertises the provision of sexual conduct in return for a fee.

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Bill Details

Versions:
S265
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง230.15 & 230.20, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S306A
2009-2010: S2212

Sponsor Memo

BILL NUMBER:S265

TITLE OF BILL:
An act
to amend the penal law, in relation to the promotion of prostitution

PURPOSE OR GENERAL IDEA OF BILL:
Increases promoting prostitution in the fourth degree from a class A
misdemeanor to a class E felony.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 230.15 of the Penal Law. Adds a new
subdivision 3. Provides that a person "promotes prostitution" when he
or she knowingly, issues, gives, mails, distributes or transmits any
written material or electronic communication which advertises the
provision of sexual conduct in return for a fee.

Section 2. Amends Section 230.20 of the Penal Law. Provides that a
person is guilty of promoting prostitution in the fourth degree when
he or she knowingly advances, promotes or profits from-such act
promoting prostitution in the fourth degree. Increases the penalty
from a class A misdemeanor to a class E felony.

Section 3. Effective Date

EXISTING LAW:
Article 230 of the Penal Law establishes offenses for prostitution.

JUSTIFICATION:
This legislation would create a harsher punishment for anyone who
promotes prostitution via mail, written material, electronic
communication, video or any other means. The rampant behavior of
promoting prostitution particularly in densely populated areas must
be punished strongly; thus, the E felony classification.

PRIOR LEGISLATIVE HISTORY:
2012: S.306-A - Amend and recommit to Crime Victims, Crime and
Correction/A.4885-A Amend and recommit to Codes
2011: S.306 - Notice of Committee Consideration Requested,
Discharged from Codes and Referred to Crime Victims,
Crime and Correction/A.4885 - Referred to Codes
2010: S.2212 - Referred to Codes/A.264 - Enacting Clause
Stricken/A.10747 - Referred to Codes
2009: S.2212 - Referred to Codes/A.264 Referred to Codes

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date in which it shall have become a law.

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

                                   265

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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 promotion of prostitu-
  tion

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

  Section  1. Section 230.15 of the penal law is amended by adding a new
subdivision 3 to read as follows:
  3. "PROMOTE PROSTITUTION." A PERSON "PROMOTES PROSTITUTION" WHEN HE OR
SHE  KNOWINGLY, ISSUES, GIVES, MAILS, DISTRIBUTES OR TRANSMITS ANY WRIT-
TEN MATERIAL OR ELECTRONIC COMMUNICATION WHICH ADVERTISES THE  PROVISION
OF SEXUAL CONDUCT IN RETURN FOR A FEE.
  S 2. Section 230.20 of the penal law, as amended by chapter 215 of the
laws of 2011, 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:
  1. Advances, PROMOTES or profits from prostitution; or
  2.  With  intent  to  advance,  PROMOTE  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]
E FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00509-01-3

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