Bill S1415C-2011

Relates to prostitution offenses involving minors; repealer

Relates to prostitution offenses; adds crime of patronizing a prostitute in the fourth degree.

Details

Actions

  • Mar 12, 2012: referred to codes
  • Mar 12, 2012: DELIVERED TO ASSEMBLY
  • Mar 12, 2012: PASSED SENATE
  • Feb 29, 2012: ADVANCED TO THIRD READING
  • Feb 15, 2012: 2ND REPORT CAL.
  • Feb 14, 2012: 1ST REPORT CAL.199
  • Jan 10, 2012: PRINT NUMBER 1415C
  • Jan 10, 2012: AMEND (T) AND RECOMMIT TO CODES
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to codes
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • Jun 1, 2011: AMENDED ON THIRD READING 1415B
  • May 16, 2011: AMENDED ON THIRD READING 1415A
  • Mar 10, 2011: ADVANCED TO THIRD READING
  • Mar 9, 2011: 2ND REPORT CAL.
  • Mar 8, 2011: 1ST REPORT CAL.172
  • Jan 7, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 14, 2012
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Espaillat
Ayes W/R (1): Squadron
Excused (1): Duane

Memo

BILL NUMBER:S1415C

TITLE OF BILL: An act to amend the penal law, in relation to prostitution offenses; and to repeal section 230.07 of the penal law relating thereto

PURPOSE: This bill would partially conform the ages of victims in certain prostitution offenses found in Article 230 of the Penal Law to the ages of victims of rape offenses found in Article 130 of the Penal Law. This bill would also raise the penalties for patronizing a prostitute in the third, second and first degrees and for promoting prostitution in the first degree.

SUMMARY OF PROVISIONS: Section 1 amends the Penal Law by adding a new section 230.03 which provides that patronizing a prostitute in the fourth degree is a class A misdemeanor.

Section 2 amends section 230.19 of the Penal Law, as added by Chapter 191 of the Laws of 2011, by adding conforming language.

Section 3 amends section 230.04 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, by defining patronizing a prostitute in the third degree. It provides that a person who is over 21 and patronizes a prostitute who is a child under 17 years of age is guilty of a class E felony.

Section 4 amends section 230.05 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by defining patronizing a prostitute in the second degree. It provides that a person who is 18 or older, and patronizes a prostitute who is a child under 15 years of age is guilty of a class D felony.

Section 5 amends section 230.06 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by defining patronizing a prostitute in the first degree. It provides that a person patronizing a prostitute who is a child under 11 years of age, or a person who is 18 years of age or older, and patronizes a prostitute who is a child under the age of 13 is guilty of a class C felony.

Section 6 repeals section 230.07 of the Penal Law.

Section 7 amends section 230.32 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by defining promoting prostitution in the first degree. It provides that promoting a prostitute under the age of 13 years old is a class B felony.

Section 8 amends section 230.33 of the Penal Law, as added by Chapter 450 of the Laws of 2005, by defining compelling prostitution in the second degree. It provides that promoting a prostitute under the age of 17 years old is a class B felony.

Section 9 sets forth the effective date as the ninetieth day after it shall have become law.

EXISTING LAW: Currently, engaging in sex with a child under the age of 15 is ordinarily a class D felony, but patronizing a prostitute who is under the age of 14 is a class E non-violent felony. Throughout New York State's sex crimes statutes, a child is considered to be a person under the age of 17, but the crime of compelling prostitution applies to victims who are less than 16. A defendant who pays for sex with a ten year old child would be charged with patronizing a prostitute in the first degree, a class D felony, but if no money is exchanged or offered, that same defendant would be charged with first-degree rape, a class B violent felony.

JUSTIFICATION: There are multiple inconsistencies throughout Penal Law with regard to the ages of victims of crimes of prostitution and certain other sex crimes involving children. This bill would raise the penalty for patronizing a prostitute in the first degree to a class C felony, and adjust certain other patronizing and promoting crimes. While there is, currently, strict liability imposed upon defendants who have sex with children, this legislation would apply the same standard of liability to defendants who have sex with child prostitutes.

LEGISLATIVE HISTORY: 2008: S.7986 - Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective on the ninetieth day after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1415--C 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- again amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to prostitution offenses; and to repeal section 230.07 of the penal law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230.03 of the penal law is renumbered section 230.01 and a new section 230.03 is added to read as follows: S 230.03 PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE. A PERSON IS GUILTY OF PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE WHEN HE OR SHE PATRONIZES A PROSTITUTE. PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE IS A CLASS A MISDEMEA- NOR. S 2. Section 230.19 of the penal law, as added by chapter 191 of the laws of 2011, is amended to read as follows: S 230.19 Promoting prostitution in a school zone. 1. A person is guilty of promoting prostitution in a school zone when, being nineteen years of age or older, he or she knowingly advances or profits from prostitution that he or she knows or reasonably should know is or will be committed in violation of section [230.03] 230.01 of this article in a school zone during the hours that school is in session. 2. For purposes of this section, "school zone" shall mean "school zone" as defined in subdivision two of section [230.03] 230.01 of this article.
Promoting prostitution in a school zone is a class E felony. S 3. Section 230.04 of the penal law, as amended by chapter 74 of the laws of 2007, is amended to read as follows: S 230.04 Patronizing a prostitute in the third degree. A person is guilty of patronizing a prostitute in the third degree when, BEING TWENTY-ONE YEARS OLD OR MORE, he or she patronizes a prosti- tute AND THE PERSON PATRONIZED IS LESS THAN SEVENTEEN YEARS OLD. Patronizing a prostitute in the third degree is a class [A misdemea- nor] E FELONY. S 4. 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] OLD OR MORE, he OR SHE patronizes a prostitute and the person patronized is less than [four- teen] FIFTEEN years [of age] OLD. Patronizing a prostitute in the second degree is a class [E] D felony. S 5. Section 230.06 of the penal law, as added by chapter 627 of the laws of 1978, is amended to read as follows: S 230.06 Patronizing a prostitute in the first degree. A person is guilty of patronizing a prostitute in the first degree when: 1. he OR SHE patronizes a prostitute and the person patronized is less than eleven years [of age.] OLD; OR 2. BEING EIGHTEEN YEARS OLD, OR MORE, HE OR SHE PATRONIZES A PROSTI- TUTE AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD. Patronizing a prostitute in the first degree is a class [D] C felony. S 6. Section 230.07 of the penal law is REPEALED. S 7. 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] THIRTEEN years old. Promoting prostitution in the first degree is a class B felony. S 8. Section 230.33 of the penal law, as added by chapter 450 of the laws of 2005, is amended to read as follows: S 230.33 Compelling prostitution. A person is guilty of compelling prostitution when, being twenty-one years [of age or older] OLD OR MORE, he or she knowingly advances pros- titution by compelling a person less than [sixteen] SEVENTEEN years old, by force or intimidation, to engage in prostitution. Compelling prostitution is a class B felony. S 9. This act shall take effect on the ninetieth day after it shall have become a law.

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