Bill Text: NY S01415 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to prostitution offenses; adds crime of patronizing a prostitute in the fourth degree.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2012-03-12 - referred to codes [S01415 Detail]
Download: New_York-2011-S01415-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1415
2011-2012 Regular Sessions
I N S E N A T E
January 7, 2011
___________
Introduced by Sen. SALAND -- 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 prostitution offenses and
to repeal section 230.07 of the penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The penal law is amended by adding a new section 230.03 to
2 read as follows:
3 S 230.03 PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE.
4 A PERSON IS GUILTY OF PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE
5 WHEN HE OR SHE PATRONIZES A PROSTITUTE.
6 PATRONIZING A PROSTITUTE IN THE FOURTH DEGREE IS A CLASS A MISDEMEA-
7 NOR.
8 S 2. Section 230.04 of the penal law, as amended by chapter 74 of the
9 laws of 2007, is amended to read as follows:
10 S 230.04 Patronizing a prostitute in the third degree.
11 A person is guilty of patronizing a prostitute in the third degree
12 when, BEING TWENTY-ONE YEARS OLD OR MORE, he or she patronizes a prosti-
13 tute AND THE PERSON PATRONIZED IS LESS THAN SEVENTEEN YEARS OLD.
14 Patronizing a prostitute in the third degree is a class [A misdemea-
15 nor] E FELONY.
16 S 3. Section 230.05 of the penal law, as added by chapter 627 of the
17 laws of 1978, is amended to read as follows:
18 S 230.05 Patronizing a prostitute in the second degree.
19 A person is guilty of patronizing a prostitute in the second degree
20 when, being [over] eighteen years [of age] OLD OR MORE, he OR SHE
21 patronizes a prostitute and the person patronized is less than [four-
22 teen] FIFTEEN years [of age] OLD.
23 Patronizing a prostitute in the second degree is a class [E] D felony.
24 S 4. Section 230.06 of the penal law, as added by chapter 627 of the
25 laws of 1978, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05316-01-1
S. 1415 2
1 S 230.06 Patronizing a prostitute in the first degree.
2 A person is guilty of patronizing a prostitute in the first degree
3 when:
4 1. he OR SHE patronizes a prostitute and the person patronized is less
5 than eleven years [of age] OLD; OR
6 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE PATRONIZES A PROSTITUTE
7 AND THE PERSON PATRONIZED IS LESS THAN THIRTEEN YEARS OLD.
8 Patronizing a prostitute in the first degree is a class [D] C felony.
9 S 5. Section 230.07 of the penal law is REPEALED.
10 S 6. Section 230.25 of the penal law, as amended by chapter 627 of the
11 laws of 1978 and subdivision 1 as amended by chapter 74 of the laws of
12 2007, is amended to read as follows:
13 S 230.25 Promoting prostitution in the third degree.
14 A person is guilty of promoting prostitution in the third degree when
15 he knowingly:
16 1. Advances or profits from prostitution by managing, supervising,
17 controlling or owning, either alone or in association with others, a
18 house of prostitution or a prostitution business or enterprise involving
19 prostitution activity by two or more prostitutes, or a business that
20 sells travel-related services knowing that such services include or are
21 intended to facilitate travel for the purpose of patronizing a prosti-
22 tute, including to a foreign jurisdiction and regardless of the legality
23 of prostitution in said foreign jurisdiction; or
24 2. Advances or profits from prostitution of a person less than [nine-
25 teen] SEVENTEEN years old.
26 Promoting prostitution in the third degree is a class D felony.
27 S 7. Section 230.30 of the penal law, as amended by chapter 627 of the
28 laws of 1978, is amended to read as follows:
29 S 230.30 Promoting prostitution in the second degree.
30 A person is guilty of promoting prostitution in the second degree when
31 he knowingly:
32 1. Advances prostitution by compelling a person by force or intim-
33 idation to engage in prostitution, or profits from such coercive conduct
34 by another; or
35 2. Advances or profits from prostitution of a person less than
36 [sixteen] FIFTEEN years old.
37 Promoting prostitution in the second degree is a class C felony.
38 S 8. Section 230.32 of the penal law, as added by chapter 627 of the
39 laws of 1978, is amended to read as follows:
40 S 230.32 Promoting prostitution in the first degree.
41 A person is guilty of promoting prostitution in the first degree when:
42 1. he OR SHE knowingly advances or profits from prostitution of a
43 person less than eleven years old; OR
44 2. BEING EIGHTEEN YEARS OLD OR MORE, HE OR SHE KNOWINGLY ADVANCES OR
45 PROFITS FROM PROSTITUTION OF A PERSON LESS THAN THIRTEEN YEARS OLD.
46 Promoting prostitution in the first degree is a class B felony.
47 S 9. Section 230.33 of the penal law, as added by chapter 450 of the
48 laws of 2005, is amended to read as follows:
49 S 230.33 Compelling prostitution.
50 A person is guilty of compelling prostitution when, being twenty-one
51 years [of age or older] OLD OR MORE, he or she knowingly advances pros-
52 titution by compelling a person less than [sixteen] SEVENTEEN years old,
53 by force or intimidation, to engage in prostitution.
54 Compelling prostitution is a class B felony.
55 S 10. This act shall take effect on the ninetieth day after it shall
56 have become a law.
