senate Bill S1415C

2011-2012 Legislative Session

Relates to prostitution offenses involving minors; repealer

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 referred to codes
delivered to assembly
passed senate
Feb 29, 2012 advanced to third reading
Feb 15, 2012 2nd report cal.
Feb 14, 2012 1st report cal.199
Jan 10, 2012 print number 1415c
amend (t) and recommit to codes
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 13, 2011 referred to codes
delivered to assembly
passed senate
Jun 01, 2011 amended on third reading 1415b
May 16, 2011 amended on third reading 1415a
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.172
Jan 07, 2011 referred to codes

Votes

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Feb 14, 2012 - Codes committee Vote

S1415C
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 14, 2012

aye wr (1)
excused (1)

Mar 8, 2011 - Codes committee Vote

S1415
11
5
committee
11
Aye
5
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S1415 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §230.03, amd §§230.04 - 230.06, 230.32 & 230.33, rpld §230.07, Pen L

S1415 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1415

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 conform the ages of victims in various 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 third 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 230.04 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 3 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 4 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 5 repeals section 230.07 of the Penal Law.

Section 6 amends section 230.25 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by defining promoting prostitution in the
third degree. It provides that promoting a prostitute under the age
of 17 years old is a class D felony.

Section 7 amends section 230.30 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by defining promoting prostitution in the
second degree. It provides that promoting a prostitute under the age
of 15 years old is a class C felony.

Section 8 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 9 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by amending the definition of compelling
prostitution. It provides that compelling a child under the age of 17
years old to engage in prostitution is a is a class B felony.

Section 10 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.

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

                                  1415

                       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

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. The penal law is amended by adding a new section 230.03  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 230.04 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 3. 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 4. Section 230.06 of the penal law, as added by chapter 627  of  the
laws of 1978, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05316-01-1

S. 1415                             2

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 PROSTITUTE
AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
  Patronizing a prostitute in the first degree is a class [D] C felony.
  S 5. Section 230.07 of the penal law is REPEALED.
  S 6. Section 230.25 of the penal law, as amended by chapter 627 of the
laws of 1978 and subdivision 1 as amended by chapter 74 of the  laws  of
2007, is amended to read as follows:
S 230.25 Promoting prostitution in the third degree.
  A  person is guilty of promoting prostitution in the third degree when
he knowingly:
  1. Advances or profits from  prostitution  by  managing,  supervising,
controlling  or  owning,  either  alone or in association with others, a
house of prostitution or a prostitution business or enterprise involving
prostitution activity by two or more prostitutes,  or  a  business  that
sells  travel-related services knowing that such services include or are
intended to facilitate travel for the purpose of patronizing  a  prosti-
tute, including to a foreign jurisdiction and regardless of the legality
of prostitution in said foreign jurisdiction; or
  2.  Advances or profits from prostitution of a person less than [nine-
teen] SEVENTEEN years old.
  Promoting prostitution in the third degree is a class D felony.
  S 7. Section 230.30 of the penal law, as amended by chapter 627 of the
laws of 1978, is amended to read as follows:
S 230.30 Promoting prostitution in the second degree.
  A person is guilty of promoting prostitution in the second degree when
he knowingly:
  1. Advances prostitution by compelling a person  by  force  or  intim-
idation to engage in prostitution, or profits from such coercive conduct
by another; or
  2.  Advances  or  profits  from  prostitution  of  a  person less than
[sixteen] FIFTEEN years old.
  Promoting prostitution in the second degree is a class C felony.
  S 8. 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:
  1.  he  OR  SHE  knowingly  advances or profits from prostitution of a
person less than eleven years old; OR
  2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE KNOWINGLY  ADVANCES  OR
PROFITS FROM PROSTITUTION OF A PERSON LESS THAN THIRTEEN YEARS OLD.
  Promoting prostitution in the first degree is a class B felony.
  S  9.  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 10. This act shall take effect on the ninetieth day after  it  shall
have become a law.

S1415A - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §230.03, amd §§230.04 - 230.06, 230.32 & 230.33, rpld §230.07, Pen L

S1415A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1415A

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 conform the ages of victims in various 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 third 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 230.04 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 3 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 4 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 5 repeals section 230.07 of the Penal Law.

Section 6 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 7 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 8 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1415--A
    Cal. No. 172

                       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

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. The penal law is amended by adding a new section 230.03  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 230.04 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 3. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05316-04-1

S. 1415--A                          2

  Patronizing a prostitute in the second degree is a class [E] D felony.
  S  4.  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 he OR SHE patronizes a prostitute and the person patronized is less
than [eleven] THIRTEEN years [of age] OLD.
  Patronizing a prostitute in the first degree is a class [D] C felony.
  S 5. Section 230.07 of the penal law is REPEALED.
  S  6.  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 7. 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  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

S1415B - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §230.03, amd §§230.04 - 230.06, 230.32 & 230.33, rpld §230.07, Pen L

S1415B - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1415B

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 230.04 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 3 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 4 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 5 repeals section 230.07 of the Penal Law.

Section 6 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 7 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 8 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1415--B
    Cal. No. 172

                       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

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. The penal law is amended by adding a new section 230.03 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 230.04 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  3.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05316-05-1

S. 1415--B                          2

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  4.  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 5. Section 230.07 of the penal law is REPEALED.
  S  6.  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 7. 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  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

S1415C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §230.03, amd §§230.04 - 230.06, 230.32 & 230.33, rpld §230.07, Pen L

S1415C (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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.

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