Bill S519-2013

Eliminates defense for patronizing a prostitute in the first degree

Eliminates defense for patronizing a prostitute in the first degree.

Details

Actions

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

Memo

BILL NUMBER:S519

TITLE OF BILL: An act to amend the penal law, in relation to eliminating defenses for patronizing a prostitute in the first degree

PURPOSE OR GENERAL IDEA OF BILL: Eliminates the defense that the person charged with patronizing a prostitute in the first degree did not have reasonable grounds to believe that the person was less than the age specified.

SUMMARY OF SPECIFIC PROVISIONS: Section 230.07 of the penal law is amended to eliminate the defense allowed under section 230.07 in cases where a defendant is charged with patronizing a prostitute in the first degree.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently under section 13007 of the penal law, defendants charged with patronizing a prostitute in the first degree are allowed to apply the defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified This bill eliminates this defense for defendants charged with patronizing a prostitute in the first degree.

JUSTIFICATION: Section 230.06 of the penal law defines the crime of patronizing a prostitute in the 1st degree as patronizing a prostitute and the person being patronized is less than 11 years of age. Since this crime by definition involves a child under the age of 11, there is no reasonable basis for the belief that this child is over the age of 17. Further, even assuming that a defendant reasonably believed that a prostitute was "older" that 10 years of age, a prostitute between the ages of 11 and 17 is still a minor. While it may be difficult to distinguish between a 16-year old and a 17-year old there is no such "gray area" when distinguishing between a 10-year-old child and an 17-year old man or woman. Regardless of whether a prostitute is 10 years old or 15, these boys and girls are minors. Defendants who are guilty of some degree of child molestation for soliciting these children should not be afforded a defense based on ignorance of the child's age.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 519 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. SAMPSON -- 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 eliminating defenses for patronizing a prostitute in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230.07 of the penal law, as amended by chapter 74 of the laws of 2007, is amended to read as follows: S 230.07 Patronizing a prostitute; defense. In any prosecution for patronizing a prostitute in the [first or] second OR THIRD [degrees] DEGREE, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus