Bill S618-2011

Defenses against patronizing a prostitute

Establishes an affirmative defense against patronizing a prostitute.

Details

Actions

  • Jun 22, 2012: referred to codes
  • Jun 21, 2012: DELIVERED TO ASSEMBLY
  • Jun 21, 2012: PASSED SENATE
  • Jun 21, 2012: ORDERED TO THIRD READING CAL.1524
  • Jun 21, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 5, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 21, 2012
Ayes (22): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (2): Seward, Duane
Excused (1): Fuschillo

Memo

BILL NUMBER:S618

TITLE OF BILL: An act to amend the penal law, in relation to defenses against patronizing a prostitute

PURPOSE OR GENERAL IDEA OF BILL: To shift the burden of proof to those who commit the crime of either patronizing a prostitute in the first degree or second degree by making it an affirmative defense that the defendant did not reasonably believe that the person patronized was less than the age specified in current law.

CURRENT LAW: Section 230.07 of the penal law provides that it is a defense to the crime of patronizing a prostitute in the first or second degree that the defendant did not have reasonable grounds to believe that the person patronized was less than the age specified for such crimes.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 230.07 of the penal law, as amended by chapter 74 of the laws of 2007, by providing that it shall be an affirmative defense to the crime of patronizing a prostitute in the, first or second degree that the defendant did not have reasonable grounds to believe that the person patronized was less than the age specified for such crimes.

Section two provides the effective date.

JUSTIFICATION: Currently, it is a defense to the crime of patronizing a prostitute in either the first or second degree that the defendant did not have reasonable grounds to believe that the person was less than the age specified. It is a valid defense if a defendant merely asserts that there was no reasonable way to know that the person patronized was younger than fourteen years old. In such cases, the prosecutor has the burden of proving that the defendant did have reasonable grounds to believe that the person patronized was younger than the age specified in statute.

This legislation will change the current law by shifting the burden of proof onto the defendant. The defendant will have to prove that he or she did not have reasonable grounds to believe that the person patronized was younger than fourteen years old. The intention of this legislation is to create a system that will make it more difficult for people to patronize child prostitutes.

PRIOR LEGISLATIVE HISTORY: 2010 - Referred to Codes; Passed Senate S.8109

FISCAL IMPLICATION: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 618 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. KLEIN -- 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 defenses against patroniz- ing a prostitute 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 degrees, it is [a] AN AFFIRMATIVE 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 immediately.

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