Bill S128-2013

Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies

Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies; defines the class B felony of promoting prostitution in the first degree to be the advancing or profiting from the prostitution of a person under 16 years of age.

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  • Jan 8, 2014: REFERRED TO CODES
  • Jan 9, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S128

TITLE OF BILL: An act to amend the penal law, in relation to designating promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felony offenses and the prostitution of minors

PURPOSE: Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies and amends promoting prostitution in the first degree to include victims older than eleven years old but younger than sixteen years old.

SUMMARY OF PROVISIONS: Section 1 amends paragraph (a) of subdivision 1 of section 70.02 of the penal law to include promoting prostitution in the first degree as defined by section 230.32, compelling prostitution as defined by section 230.33, and sex trafficking as defined in section 230.34 within the list of violent B felonies.

Section 2 and section 3 amend sections 230.30 and 230.32 of the penal law to raise promoting the prostitution of persons age eleven to sixteen from a C to a B felony.

JUSTIFICATION: There are few crimes more abhorrent than forcing a helpless person into the sex trade against his or her will. While New York State's sex trafficking laws are among the most comprehensive in the nation, the current law does not reflect the inherent violence of sex trafficking, compelled prostitution or advancing the prostitution of a child. These crimes share the explicit violence of force and the implicit violence of compulsion and restraint. Categorizing them as violent felonies for the purpose of sentencing would simply reflect their true nature and gravity.

LEGISLATIVE HISTORY: 2011-12: S.5919

FISCAL IMPLICATIONS: No fiscal implications.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to offenses committed on or after such date.


Text

STATE OF NEW YORK ________________________________________________________________________ 128 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PERALTA -- 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 designating promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felony offenses and the prostitution of minors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 320 of the laws of 2006, is amended to read as follows: (a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32, COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33, SEX TRAFFICKING AS DEFINED IN SECTION 230.34, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in
the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47. 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] ADVANCES prostitution by compelling a person by force or intimidation 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]. Promoting prostitution in the second degree is a class C felony. S 3. Section 230.32 of the penal law, as added by chapter 627 of the laws of 1978, is amended to read as follows: S 230.32 Promoting prostitution in the first degree. A person is guilty of promoting prostitution in the first degree when he OR SHE knowingly advances or profits from prostitution of a person less than [eleven] SIXTEEN years old. Promoting prostitution in the first degree is a class B felony. 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 and shall apply to offenses committed on or after such date.

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