S T A T E O F N E W Y O R K
________________________________________________________________________
245
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PAULIN, COOK, ZEBROWSKI, GUNTHER, JAFFEE, MILL-
MAN, LANCMAN, WEISENBERG, CUSICK, MARKEY -- Multi-Sponsored by -- M.
of A. ABBATE, BOYLAND, PHEFFER -- read once and referred 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.
LBD00832-01-1
A. 245 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 OR SHE 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 OR SHE 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.