Includes within the class B felony of promoting prostitution in the first degree, the knowing advancement or profiting from the prostitution of a child less than 17 years old by such child's parent, guardian or other person charged with the custody and care of the child.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Diaz, Felder, Hannon
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: The purpose of this bill is to provide a more condign punishment for those who prostitute their children.
SUMMARY OF PROVISIONS:
Section one 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 two establishes the effective date of this law as November 1 after the bill becomes 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 in New York have indicated a need to address the promoting of child prostitution by parents. Perpetrators of these despicable acts should be treated appropriately, ensuring they are unable to have access to the children they exploited.
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: 2007-2008: S.5879 - Referred to Codes 2009-2010: S.2114 - Referred to Codes S.1991 of 2011 - Passed Senate 03/05/12
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE: This act shall take effect on the first of November after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 2244 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________Introduced by Sen. GOLDEN -- 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 including within the offense of promoting prostitution in the first degree, the prostitu- tion of a child by a parent, guardian or person charged with the care and custody of the child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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]: 1. HE OR SHE knowingly advances or profits from prostitution of a [person]CHILD less than eleven years old [.]; OR 2. BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE AND CUSTODY OF A CHILD LESS THAN SEVENTEEN YEARS OLD, HE OR SHE KNOWINGLY ADVANCES OR PROFITS FROM PROSTITUTION OF SUCH CHILD. Promoting prostitution in the first degree is a class B felony. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03561-01-3