Senate Bill S7105A

2011-2012 Legislative Session

Includes in the class D felony of promoting of prostitution in the third degree the advertisement for sexual conduct with a person under 18 years for money

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2012	print number 7105a
May 24, 2012	amend and recommit to codes
Apr 27, 2012	referred to codes

Bill Amendments

2011-S7105 - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §230.25, add §230.26, Pen L

2011-S7105 - Summary

Includes in the class D felony of promoting of prostitution in the third degree the advertisement for sexual conduct with a person under 18 years of age, in exchange for money or other property.

2011-S7105 - Sponsor Memo

                                BILL NUMBER:S7105

TITLE OF BILL:
An  act to amend the penal law, in relation to promoting prostitution of
a minor by means of advertising

PURPOSE:
To increase the penalties for promoting prostitution of a minor by means
of advertising.

SUMMARY OF PROVISIONS:
Section 1: Amends section 230.15 of the penal law by adding a new subdi-
vision 3 that defines "depiction" as any  photographic  image  or  other
image.

Section 2: Amends section 230.30 of the penal law by adding a new subdi-
vision  3 which states that a person is guilty of promoting prostitution
in the second degree when he or she publishes, disseminates or displays,
or causes, directly or indirectly,  to  be  published,  disseminated  or
displayed  any  advertisement, whether in print or electronic media, for
sexual conduct with a person in exchange for money or any other  proper-
ty, and which includes the depiction of a person under the age of seven-
teen years.

Section 3: Amends the penal law by adding a new section 230.31 providing
an  affirmative defense for promoting prostitution in the second degree.

In any prosecution for promoting prostitution in the second  degree,  it
is  an affirmative defense that the defendant required the production of
a driver's license, non-driver identification card,  birth  certificate,
permanent  resident  care  or  passport  of the person depicted prior to
publication, dissemination or public display of the  advertisement.  The
documentation  must  demonstrate  that the person depicted was not under
the age of seventeen at the time the depiction  was  produced.  Further-
more,  it must be shown the defendant did not have reason to believe the
provided documentation was produced or obtained by fraudulent means.

Section 4: This act shall take effect on  the  first  of  November  next
succeeding the date on which it shall have become a law.

JUSTIFICATION:
This legislation will include in the class C felony of promoting prosti-
tution in the second degree, the advertisement for sexual conduct with a
minor  whether  in  print or electronic media. The sexual trafficking of
individuals is a reprehensible act. While New York has been at the fore-
front in the fight against prostitution and commercial sexual abuse, the
problem persists.

The US Department of Justice has estimated that as many as 17,500 people
are trafficked to the country  each  year,  but  estimates  have  varied
greatly. For example, some have put the number of children trafficked in
the  US between 100,000 and 300,000. The numbers vary greatly because of

the crime's covert nature. Many incidents go unreported, and  often  the
victim is trapped in their situation.

As  technology  has  evolved, commercial sexual abuse has moved from the
street level to the Internet. Victims are now marketed on sites  afford-
ing  anonymity  to  the  pimps  and johns buying and selling them.   The
Polaris Project, an organization combating trafficking, states that  the
Internet  is  the  number one platform used by pimps and johns.  Victims
are now trafficked through online escort services, chat rooms, and clas-
sified ad web sites. Such platforms not only rapidly connect buyers with
victims, but allow perpetrators to easily circumvent the law.

Among the leading sites carrying prostitution advertisements  are  Back-
page.com,  AdultSearch.com,  Eros.com,  and  CityVibe.com. The AIM Group
tracked 22 of these sites during the last year and found that  prostitu-
tion advertising in 23 US cities generated at least $36.7 million. Back-
page.com, a general classified-advertising site, accounted for more than
two-thirds  of  this amount. This site has an especially large impact in
New York State. In counting the number of ads  posted  in  the  "Escorts
Section"  of Backpage on April 18, 2012, New York has the second highest
total with 2,847.

Advertisements do not explicitly state that a child is being trafficked.
Instead, ads used coded  language  to  disguise  the  age  of  a  minor.
Victims  may be listed as 18 years of old, or simply denoted as "young".
This legislation will require sites to make a genuine attempt to prevent
the publication of advertisements featuring escorts under  18  years  of
age.

This  legislation  does  not prevent sites from posting ads, nor does it
determine the advertisement's content. However, if the site posts an  ad
promoting  prostitution  that  includes  the photographic depiction of a
minor, that site will be in violation of  the  law,  unless  the  site's
operators  viewed  documentation  prior to publication that verified the
depicted minor as above the age  of  seventeen.  This  legislation  will
protect  the  most  vulnerable,  and hopefully stem the tide of internet
prostitution at large.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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

2011-S7105 - Bill Text download pdf

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

                                  7105

                            I N  S E N A T E

                             April 27, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 promoting prostitution  of
  a minor by means of advertising

  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.  "DEPICTION."  A  "DEPICTION"  IS  ANY  PHOTOGRAPHIC IMAGE OR OTHER
IMAGE.
  S 2. 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
years old[.]; OR
  3.  PUBLISHES,  DISSEMINATES OR DISPLAYS, OR CAUSES, DIRECTLY OR INDI-
RECTLY, TO BE PUBLISHED, DISSEMINATED OR  DISPLAYED  ANY  ADVERTISEMENT,
WHETHER  IN  PRINT OR ELECTRONIC MEDIA, FOR SEXUAL CONDUCT WITH A PERSON
IN EXCHANGE FOR MONEY OR ANY OTHER  PROPERTY,  AND  WHICH  INCLUDES  THE
DEPICTION OF A PERSON UNDER THE AGE OF SEVENTEEN YEARS.
  Promoting prostitution in the second degree is a class C felony.
  S  3.  The penal law is amended by adding a new section 230.31 to read
as follows:
S 230.31 PROMOTING  PROSTITUTION  IN  THE  SECOND  DEGREE;   AFFIRMATIVE
           DEFENSE.
  IN ANY PROSECUTION FOR PROMOTING PROSTITUTION IN THE SECOND DEGREE, AS
DEFINED IN SUBDIVISION THREE OF SECTION 230.30 OF THIS ARTICLE, IT IS AN
AFFIRMATIVE  DEFENSE  THAT  THE  DEFENDANT  REQUIRED THE PRODUCTION OF A
DRIVER'S LICENSE, NON-DRIVER  IDENTIFICATION  CARD,  BIRTH  CERTIFICATE,

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

                                                           LBD15522-02-2

S. 7105                             2

PERMANENT  RESIDENT  CARD  OR  PASSPORT  OF THE PERSON DEPICTED PRIOR TO
PUBLICATION, DISSEMINATION OR PUBLIC DISPLAY OF THE ADVERTISEMENT; AND:
  1.  SUCH  DOCUMENTATION  DEMONSTRATED THAT THE PERSON DEPICTED WAS NOT
UNDER THE AGE OF SEVENTEEN YEARS AT THE TIME THE DEPICTION WAS PRODUCED;
AND
  2. THE DEFENDANT DID NOT HAVE REASON  TO  BELIEVE  THAT  THE  PROVIDED
DOCUMENTATION WAS PRODUCED OR OBTAINED BY FRAUDULENT MEANS.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2011-S7105A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §230.25, add §230.26, Pen L

2011-S7105A (ACTIVE) - Summary

Includes in the class D felony of promoting of prostitution in the third degree the advertisement for sexual conduct with a person under 18 years of age, in exchange for money or other property.

2011-S7105A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7105A

TITLE OF BILL:
An act to amend the penal law, in relation to promoting prostitution of
a minor by means of advertising

PURPOSE:
To increase the penalties for promoting prostitution of a minor be means
of advertising.

SUMMARY OF PROVISIONS:
Section 1: Amends section 230.25 of the penal law by adding a new subdi-
vision 3 which states that a person is guilty of promoting prostitution
in the third degree when he or she publishes, disseminates or displays,
or causes, directly or indirectly, to be published, disseminated or
displayed any advertisement, whether in print or electronic media, for
sexual conduct with a person under the age of eighteen in exchange for
money or any other property.

Section 2: Amends the penal law by adding a new section 230.26 providing
an affirmative defense for promoting prostitution in the third degree.
In any prosecution for promoting prostitution in the second degree, it
is not a defense that the defendant did not know the age of the person
under eighteen years of age in the advertisement. It is a defense to
such offense, which the defendant must prove by a preponderance of
evidence, that at the time of the offense, the defendant made a direct

attempt to ascertain the true age of the person appearing in the adver-
tisement by requiring, prior to publication of the advertisement,
production and viewing of a valid driver's license, marriage license,
birth certificate, or other governmental or educational identification
card or paper of the person under eighteen years of age, and did not
rely solely on oral or written allegations of such person's age or the
apparent age of such person.

Section 3: This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.

JUSTIFICATION:
This legislation will include in the class D felony of promoting prosti-
tution in the third degree, the advertisement for sexual conduct with a
minor whether in print or electronic media. The sexual trafficking of
individuals is a reprehensible act. While New York has been at the fore-
front in the fight against prostitution and commercial sexual abuse, it
persists.

The U.S. Department of Justice has estimated that as many as 17,500
people are trafficked to the country each year, but estimates have
varied greatly. For example, some have put the number of children traf-
ficked in the U.S.  between 100,000 and 300,000. The numbers vary great-
ly because of the crime's covert nature. Many incidents go unreported,
and often the victim is trapped in their situation.

As technology has evolved, commercial sexual abuse has moved from the
street level to the Internet. Victims are now marketed on sites afford-
ing anonymity to the pimps and johns buying and selling them.  The
Polaris Project, an organization combating trafficking, states that the
Internet is the number one platform used by pimps and johns.  Victims
are now trafficked through online escort services, chat rooms, and clas-
sified ad web sites. Such platforms not only rapidly connect buyers with
victims, but allow perpetrators to easily circumvent the law.

Among the leading sites carrying prostitution advertisements are Back-
page.com, AdultSearch.com, Eros. com, and Cityvibe.com. The AIM Group
tracked 22 of these sites during the last year and found that prostitu-
tion advertising in 23 U.S. cities generated at least $36.7 million.
Backpage.com, a general classified-advertising site, accounted for more
than two-thirds of this amount. This site has an especially large impact
in New York State. In counting the number of ads posted in the "Escorts
Section" of Backpage on April 18, 2012, New York has the second highest
total with 2,847.

Advertisements do not explicitly state that a child is being trafficked.
Instead, ads used coded language to disguise the age of a minor.
Victims may be listed as 18 years of old, or simply denoted as "young".
This legislation will require sites to make a genuine attempt to obtain
documentation that escorts advertised are at least 18 years of age. This
can include government issued identification or a birth certificate.

Internet sites cannot be allowed to continue posting these advertise-
ments with impunity. This legislation does not prevent sites from post-
ing ads, nor does it determine its content. Sites are still allowed to
publish ads, but must first obtain documentation proving the individual
depicted is not a minor. This legislation will protect the most vulner-
able, and hopefully stem the tide of internet prostitution at large.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

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

2011-S7105A (ACTIVE) - Bill Text download pdf

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

                                 7105--A

                            I N  S E N A T E

                             April 27, 2012
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the penal law, in relation to promoting prostitution of
  a minor by means of advertising

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

  Section 1.  Section 230.25 of the penal law, as amended by chapter 627
of  the laws of 1978, 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 years old[.]; OR
  3.   PUBLISHES, DISSEMINATES OR DISPLAYS, OR CAUSES, DIRECTLY OR INDI-
RECTLY, TO BE PUBLISHED, DISSEMINATED OR  DISPLAYED  ANY  ADVERTISEMENT,
WHETHER  IN  PRINT OR ELECTRONIC MEDIA, FOR SEXUAL CONDUCT WITH A PERSON
UNDER THE AGE OF EIGHTEEN YEARS OF AGE IN  EXCHANGE  FOR  MONEY  OR  ANY
OTHER PROPERTY.
  Promoting prostitution in the third degree is a class D felony.
  S  2.  The penal law is amended by adding a new section 230.26 to read
as follows:
S 230.26 PROMOTING  PROSTITUTION  IN  THE  THIRD   DEGREE;   AFFIRMATIVE
           DEFENSE.

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

                                                           LBD15522-04-2

S. 7105--A                          2

  IN  ANY  PROSECUTION FOR PROMOTING PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SUBDIVISION THREE OF SECTION 230.25 OF THIS  ARTICLE,  IT  IS
NOT  A  DEFENSE  THAT  THE  DEFENDANT DID NOT KNOW THE AGE OF THE PERSON
UNDER EIGHTEEN YEARS OF AGE IN THE ADVERTISEMENT. IT  IS  A  DEFENSE  TO
SUCH  OFFENSE,  WHICH  THE  DEFENDANT  MUST  PROVE BY A PREPONDERANCE OF
EVIDENCE, THAT AT THE TIME OF THE OFFENSE, THE DEFENDANT MADE  A  DIRECT
ATTEMPT  TO ASCERTAIN THE TRUE AGE OF THE PERSON APPEARING IN THE ADVER-
TISEMENT BY  REQUIRING,  PRIOR  TO  PUBLICATION  OF  THE  ADVERTISEMENT,
PRODUCTION  AND  VIEWING  OF A VALID DRIVER'S LICENSE, MARRIAGE LICENSE,
BIRTH CERTIFICATE, OR OTHER GOVERNMENTAL OR  EDUCATIONAL  IDENTIFICATION
CARD  OR  PAPER  OF  THE  PERSON UNDER EIGHTEEN YEARS OF AGE AND DID NOT
SOLELY RELY ON ORAL OR WRITTEN ALLEGATIONS OF SUCH PERSON'S AGE  OR  THE
APPARENT AGE OF SUCH PERSON.
  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.

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Senate Bill S7105A

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S7105 - Details

2011-S7105 - Summary

2011-S7105 - Sponsor Memo

2011-S7105 - Bill Text download pdf

2011-S7105A (ACTIVE) - Details

2011-S7105A (ACTIVE) - Summary

2011-S7105A (ACTIVE) - Sponsor Memo

2011-S7105A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Bill Amendments

2011-S7105 - Details

2011-S7105 - Summary

2011-S7105 - Sponsor Memo

2011-S7105 - Bill Text download pdf

2011-S7105A (ACTIVE) - Details

2011-S7105A (ACTIVE) - Summary

2011-S7105A (ACTIVE) - Sponsor Memo

2011-S7105A (ACTIVE) - Bill Text download pdf

Comments