S T A T E O F N E W Y O R K
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4973
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
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Introduced by M. of A. MAYERSOHN -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to loitering for the purpose
of engaging in prostitution by persons under the age of sixteen
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 240.37 of the penal law, as added by chapter 344 of
the laws of 1976, is amended to read as follows:
S 240.37 Loitering for the purpose of engaging in a prostitution
offense.
1. For the purposes of this section, "public place" means any street,
sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot
or transportation facility or the doorways and entrance ways to any
building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
2. [Any] EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, ANY
person who remains or wanders about in a public place and repeatedly
beckons to, or repeatedly stops, or repeatedly attempts to stop,
PASSERS-BY, or repeatedly attempts to engage passers-by in conversation,
or repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
prostitution, or of patronizing a prostitute as those terms are defined
in article two hundred thirty of [the penal law] THIS PART, shall be
guilty of a violation and is guilty of a class B misdemeanor if such
person has previously been convicted of a violation of this section or
of [sections] SECTION 230.00 or 230.05 of [the penal law] THIS PART.
3. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, PASSERS-BY, or repeatedly attempts to engage passers-by in conver-
sation, or repeatedly stops or attempts to stop motor vehicles, or
repeatedly interferes with the free passage of other persons, for the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08642-01-1
A. 4973 2
purpose of promoting prostitution as defined in article two hundred
thirty of [the penal law] THIS PART is guilty of a class A misdemeanor.
4. ANY PERSON UNDER THE AGE OF SIXTEEN WHO REMAINS OR WANDERS ABOUT IN
A PUBLIC PLACE AND REPEATEDLY BECKONS TO, OR REPEATEDLY STOPS, OR
REPEATEDLY ATTEMPTS TO STOP, PASSERS-BY, OR REPEATEDLY ATTEMPTS TO
ENGAGE PASSERS-BY IN CONVERSATION, OR REPEATEDLY STOPS OR ATTEMPTS TO
STOP MOTOR VEHICLES, OR REPEATEDLY INTERFERES WITH THE FREE PASSAGE OF
OTHER PERSONS, FOR THE PURPOSE OF PROSTITUTION AS DEFINED IN ARTICLE TWO
HUNDRED THIRTY OF THIS PART, SHALL BE ADJUDGED A JUVENILE DELINQUENT.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.