Increases promoting prostitution in the fourth degree from a class A misdemeanor to a class E felony; includes within such offense the knowing issuance, provision, mailing, distribution or transmission of any written material or electronic communication which advertises the provision of sexual conduct in return for a fee.
TITLE OF BILL: An act to amend the penal law, in relation to the promotion of prostitution
PURPOSE OR GENERAL IDEA OF BILL: Increases promoting prostitution in the fourth degree from a class A misdemeanor to a class E felony.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends Section 230.15 of the Penal Law. Adds a new subdivision 3. Provides that a person "promotes prostitution" when he or she knowingly, issues, gives, mails, distributes or transmits any written material or electronic communication which advertises the provision of sexual conduct in return for a fee.
Section 2. Amends Section 230.20 of the Penal Law. Provides that a person is guilty of promoting prostitution in the fourth degree when he or she knowingly advances, promotes or profits from-such act promoting prostitution in the fourth degree. Increases the penalty from a class A misdemeanor to a class E felony.
Section 3. Effective Date
EXISTING LAW: Article 230 of the Penal Law establishes offenses for prostitution.
JUSTIFICATION: This legislation would create a harsher punishment for anyone who promotes prostitution via mail, written material, electronic communication, video or any other means. The rampant behavior of promoting prostitution particularly in densely populated areas must be punished strongly; thus, the E felony classification.
PRIOR LEGISLATIVE HISTORY: 2012: S.306-A - Amend and recommit to Crime Victims, Crime and Correction/A.4885-A Amend and recommit to Codes 2011: S.306 - Notice of Committee Consideration Requested, Discharged from Codes and Referred to Crime Victims, Crime and Correction/A.4885 - Referred to Codes 2010: S.2212 - Referred to Codes/A.264 - Enacting Clause Stricken/A.10747 - Referred to Codes 2009: S.2212 - Referred to Codes/A.264 Referred to Codes
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date in which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 265 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- 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 the promotion of prostitu- tion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230.15 of the penal law is amended by adding a new subdivision 3 to read as follows: 3. "PROMOTE PROSTITUTION." A PERSON "PROMOTES PROSTITUTION" WHEN HE OR SHE KNOWINGLY, ISSUES, GIVES, MAILS, DISTRIBUTES OR TRANSMITS ANY WRIT- TEN MATERIAL OR ELECTRONIC COMMUNICATION WHICH ADVERTISES THE PROVISION OF SEXUAL CONDUCT IN RETURN FOR A FEE. S 2. Section 230.20 of the penal law, as amended by chapter 215 of the laws of 2011, is amended to read as follows: S 230.20 Promoting prostitution in the fourth degree. A person is guilty of promoting prostitution in the fourth degree when he or she knowingly: 1. Advances, PROMOTES or profits from prostitution; or 2. With intent to advance, PROMOTE or profit from prostitution, distributes or disseminates to ten or more people in a public place obscene material, as such terms are defined by subdivisions one and two of section 235.00 of this title, or material that depicts nudity, as such term is defined by subdivision one of section 245.10 of this part. Promoting prostitution in the fourth degree is a class
[A misdemeanor]E FELONY. S 3. 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. LBD00509-01-3