Relates to the facilitation of certain prostitution crimes; increases the maximum term of the indeterminate sentence by one year for certain prostitution crimes where a commercial social networking website, online community or other website is used to facilitate such crime.
S T A T E O F N E W Y O R K
________________________________________________________________________
9597
I N A S S E M B L Y
March 20, 2012
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the facilitation of
certain prostitution crimes
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 230.37 to
read as follows:
S 230.37 FACILITATION.
1. A PERSON COMMITS FACILITATION WHEN HE OR SHE COMMITS A SPECIFIED
OFFENSE AND USES A COMMERCIAL SOCIAL NETWORKING WEBSITE, ONLINE COMMUNI-
TY OR OTHER WEBSITE TO FACILITATE SUCH OFFENSE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF FACILITATION PURSUANT TO THIS SECTION AND THE SPECIFIED
OFFENSE IS A MISDEMEANOR OR FELONY, THE MAXIMUM TERM OF THE INDETERMI-
NATE SENTENCE SHALL BE INCREASED BY ONE YEAR.
3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS ARTICLE: SECTION 230.20 (PROMOTING PROSTITUTION IN
THE FOURTH DEGREE), SECTION 230.25 (PROMOTING PROSTITUTION IN THE THIRD
DEGREE), SECTION 230.30 (PROMOTING PROSTITUTION IN THE SECOND DEGREE),
SECTION 230.32 (PROMOTING PROSTITUTION IN THE FIRST DEGREE), SECTION
230.34 (SEX TRAFFICKING) OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF
THE FOREGOING OFFENSES.
4. AS USED IN THIS SECTION:
(A) "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS,
ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
SHIPS WITH OTHER USERS, WHERE SUCH PERSONS MAY: (I) CREATE WEB PAGES OR
PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES
OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS; (II) ENGAGE
IN DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM
OR INSTANT MESSENGER; AND (III) COMMUNICATE WITH THE PUBLIC OR OTHER
USERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14427-02-2
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.