BILL NUMBER:S1109

TITLE OF BILL:

An act to amend the penal law, in relation to including within the
offense of promoting prostitution in the first degree, the
prostitution of a child by a parent, guardian or person charged with
the care and custody of the child

PURPOSE:

To provide a more severe punishment for those who prostitute their
children.

SUMMARY OF PROVISIONS:

Section 1 of this bill creates a class "B" felony when a parent or
guardian knowingly advances or profits from the prostitution of a
child less than seventeen years of age he or she is charged with
caring for.

Section 2 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

EXISTING LAW:
              

Currently, there is no statute that specifically addresses the
prostitution of a child by a parent or guardian. Current offenses of
promoting child prostitution range from class "D" to class "B"
felonies.

JUSTIFICATION:

Recent cases throughout the Country have demonstrated a need to
address the promotion of child prostitution by the child's parent or
legal guardian. Instead of caring for and protecting their children,
these parents and guardians have forced them to engage in unspeakable
acts. These children have been robbed of their childhood by those who
are supposed to be protecting them.

The penalties for child prostitution offenses remain largely the same
as when they were when first defined in 1978. These penalties do not
adequately reflect the seriousness of crimes involving the
prostitution of our children, particularly when the perpetrator is the
parent or legal guardian of the child.

LEGISLATIVE HISTORY:

2014: S.2244 - Passed the Senate
2013: S.2244 - Passed the Senate
2012: S.1991 - Passed the Senate
2011: S.1991 - Passed the Senate
2010: S.2114 - Referred to Codes
2009: S.2114 - Referred to Codes
2008: S.5879 - Referred to Codes
2007: S.5879 - Referred to Codes


FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This law shall take effect on the first of November succeeding the
date on which it shall have become a law.

                                 BILL NUMBER:  S1109A

 TITLE OF BILL :

An act to amend the penal law, in relation to including within the
offense of promoting prostitution in the first degree, the
prostitution of a child by a parent, guardian or person charged with
the care and custody of the child

 PURPOSE :

To provide a more severe punishment for those who prostitute their
children

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Penal Law section 230.32, promoting
prostitution in the first degree, by adding a parent or guardian who
knowingly advances or profits from the prostitution of a child that he
or she is charged with caring for and that child is less than
seventeen years of age. Promoting prostitution in the first degree is
a class "B" felony

Section 2 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.
              

 EXISTING LAW :

Currently, the Penal Law does not specifically address the
prostitution of a child by a parent or guardian. Current offenses of
promoting child prostitution range from class "D" to class "B"
felonies.

 JUSTIFICATION :

This legislation is being amended because a 2015 amendment to Penal
Law section 230.32 required that the new section receive a different
subsection letter.

The January 2015 conviction of Yolanda Ostoloza for promoting
prostitution and endangering the welfare of a child is a glaring
example of why the law needs to be changed. In January 2014, Yolanda
Ostoloza brought her barely 15-year old daughter to Manhattan from
Florida for the purpose of prostituting her daughter to the crowds
that were in the City for the Super Bowl. Promoting prostitution in
the second degree is a class "B" felony and endangering the welfare of
a minor is a class "A" misdemeanor. Yolanda Ostoloza was sentenced to
1 to 3 years in prison, which is the minimum term for the class "B"
felony conviction. The New York Post reported that the judge "decided
a lesser term was justified given Ostoloza's lack of priors and a
history of similar conduct." By clearly adding parents and guardians
who prostitute their children to the offense of promoting prostitution
in the first degree, the Legislature is articulating its finding that
this conduct is not trivial and should not be tolerated in this State.

Yolanda Ostoloza is not the only parent who has engaged in this
activity. The emergence of similar cases throughout the Country has
demonstrated a need to address the promotion of child prostitution by
the child's parent or legal guardian. instead of caring for and
protecting their children, these parents and guardians have forced
them to engage in unspeakable acts. These children have been robbed of
their childhood by those who are supposed to be protecting them.

 LEGISLATIVE HISTORY :

2015: S1109 Passed the Senate
2014: S.2244 Passed the Senate
2013:  S.2244 Passed the Senate
2012: S.1991 Passed the Senate
2011:  S.1991 Passed the Senate
2010: S.2114 Referred to Codes
2009: S.2114 Referred to Codes
2008: S.5879 Referred to Codes
2007: S.5879 - Referred to Codes

 FISCAL IMPLICATIONS :

None to the State

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