senate Bill S519

2013-2014 Legislative Session

Eliminates defense for patronizing a prostitute in the first degree

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

S519 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง230.07, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1702
2009-2010: S147

S519 - Bill Texts

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Eliminates defense for patronizing a prostitute in the first degree.

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BILL NUMBER:S519

TITLE OF BILL:
An act
to amend the penal law, in relation to eliminating defenses for
patronizing a prostitute in the first degree

PURPOSE OR GENERAL IDEA OF BILL:
Eliminates the defense that the person charged with patronizing a
prostitute in the first degree did not have reasonable grounds to
believe that the person was less than the age specified.

SUMMARY OF SPECIFIC PROVISIONS:
Section 230.07 of the penal law is amended to eliminate the defense
allowed under section 230.07 in cases where a defendant is charged
with patronizing a prostitute in the first degree.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Currently under section 13007 of the penal law, defendants charged
with patronizing a prostitute in the first degree are allowed to
apply the defense that the defendant did not have reasonable grounds
to believe that the person was less than the age specified This bill
eliminates this defense for defendants charged with patronizing a
prostitute in the first degree.

JUSTIFICATION:
Section 230.06 of the penal law defines the crime of patronizing a
prostitute in the 1st degree as patronizing a prostitute and the
person being patronized is less than 11 years of age. Since this
crime by definition involves a child under the age of 11, there is no
reasonable basis for the belief that this child is over the age of
17. Further, even assuming that a defendant reasonably believed that
a prostitute was "older" that 10 years of age, a prostitute between
the ages of 11 and 17 is still a minor. While it may be difficult to
distinguish between a 16-year old and a 17-year old there is no such
"gray area" when distinguishing between a 10-year-old child and an
17-year old man or woman.
Regardless of whether a prostitute is 10 years old or 15, these boys
and girls are minors. Defendants who are guilty of some degree of
child molestation for soliciting these children should not be
afforded a defense based on ignorance of the child's age.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

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

                                   519

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- 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 eliminating  defenses  for
  patronizing a prostitute in the first degree

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

  Section 1. Section 230.07 of the penal law, as amended by  chapter  74
of the laws of 2007, is amended to read as follows:
S 230.07 Patronizing a prostitute; defense.
  In  any  prosecution  for  patronizing  a prostitute in the [first or]
second OR THIRD [degrees] DEGREE, it is a defense that the defendant did
not have reasonable grounds to believe that the person was less than the
age specified.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02201-01-3

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