Relates to the crime of promoting prostitution in the fourth degree; includes the act of distributing obscene material or material that depicts nudity if such distribution is done with intent to advance or profit from prostitution.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the penal law, in relation to the crime of promoting prostitution in the fourth degree
PURPOSE: This bill will specifically add the distribution of obscene material or material that depicts nudity to more than 10 people in a public place with the intent to advance or profit from prostitution to the current penal law which prohibits the promotion of prostitution in the fourth degree.
SUMMARY OF PROVISIONS: Section 1 amends section 230.20 of the penal law, promoting prostitution in the fourth degree, by adding "or with the intent to advance 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."
JUSTIFICATION: The distribution of business-size cards with images of scantily clad and/or naked men and/or women are common along the street of Roosevelt Avenue in Queens. These cards affect the quality of life in the neighborhood, but they are also indicative of a larger issue; the sex trade industry.
This bill will amend the existing law on promoting prostitution to explicitly include the distribution obscene material to 10 or more people in a public space with the intent to advance or profit from prostitution as a form of promoting prostitution and a fourth degree misdemeanor.
This is the first step toward cleaning up Roosevelt Avenue and towards stopping the cycle of exploitation in the sex trade industry that is spilling into the streets of Queens.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 5623 2011-2012 Regular Sessions IN SENATE June 7, 2011 ___________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 the crime of promoting prostitution in the fourth degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 230.20 of the penal law, as amended by chapter 627 of the laws of 1978, 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
[advances]: 1. ADVANCES or profits from prostitution [.]; OR 2. WITH INTENT TO ADVANCE 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. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11821-01-1