S T A T E   O F   N E W   Y O R K
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                                  2881

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2013
                               ___________

Introduced  by M. of A. ORTIZ, ARROYO, CLARK, GALEF, GUNTHER, BOYLAND --
  Multi-Sponsored by -- M. of A. HOOPER, MAISEL, WEISENBERG -- read once
  and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to prostitution crimes

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

  Section  1. 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
years old[.];
  3. COMMITS THE CRIME OF PROMOTING PROSTITUTION IN THE THIRD DEGREE AND
THE  MANAGING,  SUPERVISING,  CONTROLLING  OR OWNING OF THE PROSTITUTION
BUSINESS OR ENTERPRISE INVOLVING PROSTITUTION INVOLVES  THE  USE  OF  AN
INTERNET WEBSITE; OR
  4. COMMITS THE CRIME OF PROMOTING PROSTITUTION IN THE THIRD DEGREE AND
HE  OR SHE HAS BEEN PREVIOUSLY CONVICTED OF THE CRIME OF PROMOTING PROS-
TITUTION IN THE THIRD DEGREE FOUR OR MORE TIMES.
  Promoting prostitution in the second degree is a class C felony.
  S 2. 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, he [patronizes] OR SHE:
  1. PATRONIZES a prostitute and the  person  patronized  is  less  than
fourteen years of age; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07032-01-3
              

A. 2881                             2

  2.  HE  OR  SHE  COMMITS  THE CRIME OF PATRONIZING A PROSTITUTE IN THE
FOURTH DEGREE OR PATRONIZING A PROSTITUTE IN THE THIRD DEGREE AND HE  OR
SHE  HAS BEEN PREVIOUSLY CONVICTED OF THE CRIME OF PATRONIZING A PROSTI-
TUTE IN THE FOURTH DEGREE OR  PATRONIZING  A  PROSTITUTE  IN  THE  THIRD
DEGREE, OR ANY COMBINATION OF SUCH CRIMES, FOUR OR MORE TIMES.
  Patronizing a prostitute in the second degree is a class E felony.
  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.