Bill Text: NY S08702 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to prostitution offenses; creates the new crimes of unlawful prostitution and sexual exploitation of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-05-10 - REFERRED TO CODES [S08702 Detail]
Download: New_York-2017-S08702-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8702 IN SENATE May 10, 2018 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, the correction law, the criminal proce- dure law, the civil rights law, the family court act, the mental hygiene law, the multiple dwelling law, the public health law, the real property actions and proceedings law, the real property law and the vehicle and traffic law, in relation to prostitution offenses and creating the crime of sexual exploitation of a child The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 230.00 of the penal law, as amended by chapter 169 2 of the laws of 1969, is amended to read as follows: 3 § 230.00 [Prostitution] Criminal prostitution. 4 A person is guilty of criminal prostitution when, being seventeen 5 years old or more, such person engages or agrees or offers to engage in 6 sexual conduct with another person in return for a fee. 7 [Prostitution] Criminal prostitution is a class B [Misdemeanor] misde- 8 meanor. 9 § 2. The penal law is amended by adding a new section 230.00-a to read 10 as follows: 11 § 230.00-a Unlawful prostitution. 12 A person is guilty of unlawful prostitution when, being less than 13 seventeen years old, such person engages or agrees or offers to engage 14 in sexual conduct with another person in return for a fee. 15 Unlawful prostitution is a violation, provided, however, that any 16 person who has previously been convicted of a crime defined in this 17 article or section 240.37 of this part shall be guilty of a class B 18 misdemeanor. 19 § 3. Sections 230.05 and 230.06 of the penal law, as amended by chap- 20 ter 368 of the laws of 2015, are amended to read as follows: 21 § 230.05 Patronizing a person for prostitution in the second degree. 22 A person is guilty of patronizing a person for prostitution in the 23 second degree when, being [eighteen] twenty-one years old or more, he or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07126-01-7S. 8702 2 1 she patronizes a person for prostitution and the person patronized is 2 less than [fifteen] seventeen years old. 3 Patronizing a person for prostitution in the second degree is a class 4 E felony. 5 § 230.06 Patronizing a person for prostitution in the first degree. 6 A person is guilty of patronizing a person for prostitution in the 7 first degree when[:81. He or she patronizes a person for prostitution and the person9patronized is less than eleven years old; or102. Being] being eighteen years old or more, he or she patronizes a 11 person for prostitution and the person patronized is less than [thir-12teen] fifteen years old. 13 Patronizing a person for prostitution in the first degree is a class D 14 felony. 15 § 4. The penal law is amended by adding a new section 230.06-a to read 16 as follows: 17 § 230.06-a Sexual exploitation of a child. 18 A person is guilty of sexual exploitation of a child when: 19 1. Being eighteen years of age or more he or she patronizes a prosti- 20 tute and the person patronized is less than thirteen years of age; or 21 2. He or she patronizes a prostitute and the person patronized is less 22 than eleven years of age. 23 Sexual exploitation of a child is a class B felony. 24 § 5. Section 230.07 of the penal law, as amended by chapter 368 of the 25 laws of 2015, is amended to read as follows: 26 § 230.07 Patronizing a person for prostitution; defense. 27 In any prosecution for patronizing a person for prostitution in the 28 first or second degrees, sexual exploitation of a child or patronizing a 29 person for prostitution in a school zone, it is [a] an affirmative 30 defense that the defendant did not have reasonable grounds to believe 31 that the person was less than the age specified. 32 § 6. The opening paragraph of section 230.10 of the penal law, as 33 amended by chapter 368 of the laws of 2015, is amended to read as 34 follows: 35 In any prosecution for sexual exploitation of a child, prostitution or 36 patronizing a person for prostitution, the sex of the two parties or 37 prospective parties to the sexual conduct engaged in, contemplated or 38 solicited is immaterial, and it is no defense that: 39 § 7. The penal law is amended by adding a new section 230.14 to read 40 as follows: 41 § 230.14 Prostitution; defense. 42 In any prosecution for unlawful prostitution or criminal prostitution, 43 it is an affirmative defense that the defendant is a victim of sex traf- 44 ficking. 45 § 8. Subdivision 2 of section 240.37 of the penal law, as amended by 46 chapter 368 of the laws of 2015, is amended to read as follows: 47 2. Any person who remains or wanders about in a public place and 48 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to 49 stop, or repeatedly attempts to engage passers-by in conversation, or 50 repeatedly stops or attempts to stop motor vehicles, or repeatedly 51 interferes with the free passage of other persons, for the purpose of 52 prostitution as that term is defined in article two hundred thirty of 53 this part, shall be guilty of a violation and is guilty of a class B 54 misdemeanor if such person has previously been convicted of a violation 55 of this section or of section 230.00 or 230.00-a of this part.S. 8702 3 1 § 9. Section 60.13 of the penal law, as amended by chapter 368 of the 2 laws of 2015, is amended to read as follows: 3 § 60.13 Authorized dispositions; felony sex offenses. 4 When a person is to be sentenced upon a conviction for any felony 5 defined in article one hundred thirty of this chapter, including a sexu- 6 ally motivated felony, or patronizing a person for prostitution in the 7 first degree as defined in section 230.06 of this chapter, sexual 8 exploitation of a child as defined in section 230.06-a of this chapter, 9 aggravated patronizing a minor for prostitution in the third degree as 10 defined in section 230.11 of this chapter, aggravated patronizing a 11 minor for prostitution in the second degree as defined in section 230.12 12 of this chapter, aggravated patronizing a minor for prostitution in the 13 first degree as defined in section 230.13 of this chapter, incest in the 14 second degree as defined in section 255.26 of this chapter, or incest in 15 the first degree as defined in section 255.27 of this chapter, or a 16 felony attempt or conspiracy to commit any of these crimes, the court 17 must sentence the defendant in accordance with the provisions of section 18 70.80 of this title. 19 § 10. Paragraph (a) of subdivision 1 of section 70.80 of the penal 20 law, as amended by chapter 368 of the laws of 2015, is amended to read 21 as follows: 22 (a) For the purposes of this section, a "felony sex offense" means a 23 conviction of any felony defined in article one hundred thirty of this 24 chapter, including a sexually motivated felony, or patronizing a person 25 for prostitution in the first degree as defined in section 230.06 of 26 this chapter, patronizing a person for prostitution in the second degree 27 as defined in section 230.05 of this chapter, sexual exploitation of a 28 child as defined in section 230.06-a of this chapter, aggravated patron- 29 izing a minor for prostitution in the third degree as defined in section 30 230.11 of this chapter, aggravated patronizing a minor for prostitution 31 in the second degree as defined in section 230.12 of this chapter, 32 aggravated patronizing a minor for prostitution in the first degree as 33 defined in section 230.13 of this chapter, incest in the second degree 34 as defined in section 255.26 of this chapter, or incest in the first 35 degree as defined in section 255.27 of this chapter, or a felony attempt 36 or conspiracy to commit any of the above. 37 § 11. Subparagraph (i) of paragraph (a) of subdivision 2 of section 38 168-a of the correction law, as amended by chapter 368 of the laws of 39 2015, is amended to read as follows: 40 (i) a conviction of or a conviction for an attempt to commit any of 41 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 42 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two 43 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 44 or 135.25 of such law relating to kidnapping offenses, provided the 45 victim of such kidnapping or related offense is less than seventeen 46 years old and the offender is not the parent of the victim, or section 47 230.04, where the person patronized is in fact less than seventeen years 48 of age, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision 49 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal 50 law, or section 230.25 of the penal law where the person prostituted is 51 in fact less than seventeen years old, or 52 § 12. Subdivision 2 of section 60.42 of the criminal procedure law, as 53 added by chapter 230 of the laws of 1975, is amended to read as follows: 54 2. proves or tends to prove that the victim has been convicted of an 55 offense under section 230.00 or 230.00-a of the penal law within threeS. 8702 4 1 years prior to the sex offense which is the subject of the prosecution; 2 or 3 § 13. Paragraph (d) of subdivision 1 of section 160.10 of the criminal 4 procedure law, as amended by chapter 232 of the laws of 2010, is amended 5 and a new paragraph (e) is added to read as follows: 6 (d) Loitering for the purpose of engaging in a prostitution offense 7 as defined in subdivision two of section 240.37 of the penal law[.]; or 8 (e) Unlawful prostitution as defined in section 230.00-a of the penal 9 law. 10 § 14. Subdivision 6 of section 380.50 of the criminal procedure law, 11 as separately amended by chapters 368 and 394 of the laws of 2015, is 12 amended to read as follows: 13 6. Regardless of whether the victim requests to make a statement with 14 regard to the defendant's sentence, where the defendant is sentenced for 15 a violent felony offense as defined in section 70.02 of the penal law or 16 a felony defined in article one hundred twenty-five of such law or any 17 of the following provisions of such law sections 130.25, 130.30, 130.40, 18 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 19 135.25, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision 20 two of section 230.30 or 230.32, the prosecutor shall, within sixty days 21 of the imposition of sentence, provide the victim with a form, prepared 22 and distributed by the commissioner of the division of criminal justice 23 services, in consultation with the director of the office of victim 24 services, on which the victim may indicate a demand to be informed of 25 any petition to change the name of such defendant. Such forms shall be 26 maintained by such prosecutor. Upon receipt of a notice of a petition to 27 change the name of any such defendant, pursuant to subdivision two of 28 section sixty-two of the civil rights law, the prosecutor shall promptly 29 notify the victim at the most current address or telephone number 30 provided by such victim in the most reasonable and expedient possible 31 manner of the time and place such petition will be presented to the 32 court. 33 § 15. Subdivision 2 of section 61 of the civil rights law, as amended 34 by section 54 of subpart B of part C of chapter 62 of the laws of 2011, 35 is amended to read as follows: 36 2. If the petitioner stands convicted of a violent felony offense as 37 defined in section 70.02 of the penal law or a felony defined in article 38 one hundred twenty-five of such law or any of the following provisions 39 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 40 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 41 230.06-a, subdivision two of section 230.30 or 230.32, and is currently 42 confined as an inmate in any correctional facility or currently under 43 the supervision of the department of corrections and community super- 44 vision or a county probation department as a result of such conviction, 45 the petition shall for each such conviction specify such felony 46 conviction, the date of such conviction or convictions, and the court in 47 which such conviction or convictions were entered. 48 § 16. Subdivision 2 of section 62 of the civil rights law, as amended 49 by section 55 of subpart B of part C of chapter 62 of the laws of 2011, 50 is amended to read as follows: 51 2. If the petition be to change the name of a person currently 52 confined as an inmate in any correctional facility or currently under 53 the supervision of the department of corrections and community super- 54 vision or a county probation department as a result of a conviction for 55 a violent felony offense as defined in section 70.02 of the penal law or 56 a felony defined in article one hundred twenty-five of such law or anyS. 8702 5 1 of the following provisions of such law sections 130.25, 130.30, 130.40, 2 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 3 135.25, 230.05, 230.06, 230.06-a, subdivision two of section 230.30 or 4 230.32, notice of the time and place when and where the petition will be 5 presented shall be served, in like manner as a notice of a motion upon 6 an attorney in an action, upon the district attorney of every county in 7 which such person has been convicted of such felony and upon the court 8 or courts in which the sentence for such felony was entered. Unless a 9 shorter period of time is ordered by the court, said notice shall be 10 served upon each such district attorney and court or courts not less 11 than sixty days prior to the date on which such petition is noticed to 12 be heard. 13 § 17. The closing paragraph of section 64 of the civil rights law, as 14 separately amended by chapters 258, 320 and 481 of the laws of 2006, is 15 amended to read as follows: 16 Upon compliance with the order and the filing of the affidavit of the 17 publication, as provided in this section, the clerk of the court in 18 which the order has been entered shall certify that the order has been 19 complied with; and, if the petition states that the petitioner stands 20 convicted of a violent felony offense as defined in section 70.02 of the 21 penal law or a felony defined in article one hundred twenty-five of such 22 law or any of the following provisions of such law sections 130.25, 23 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred 24 sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-a, subdivision two 25 of section 230.30 or 230.32, such clerk (1) shall deliver, by first 26 class mail, a copy of such certified order to the division of criminal 27 justice services at its office in the county of Albany and (2) upon the 28 clerk of the court reviewing the petitioner's application for name 29 change and subsequent in-court inquiry, may, in the clerk's discretion, 30 deliver, by first class mail, the petitioner's new name with such certi- 31 fied order to the court of competent jurisdiction which imposed the 32 orders of support. Such certification shall appear on the original 33 order and on any certified copy thereof and shall be entered in the 34 clerk's minutes of the proceeding. 35 § 18. Subdivision 2 of section 344.4 of the family court act, as added 36 by chapter 761 of the laws of 1987, is amended to read as follows: 37 2. proves or tends to prove that the victim has been convicted of an 38 offense under section 230.00 or 230.00-a of the penal law within three 39 years prior to the sex offense which is the subject of the juvenile 40 delinquency proceeding; or 41 § 19. Subdivision (p) of section 10.03 of the mental hygiene law, as 42 amended by chapter 368 of the laws of 2015, is amended to read as 43 follows: 44 (p) "Sex offense" means an act or acts constituting: (1) any felony 45 defined in article one hundred thirty of the penal law, including a 46 sexually motivated felony; (2) patronizing a person for prostitution in 47 the first degree as defined in section 230.06 of the penal law, sexual 48 exploitation of a child as defined in section 230.06-a of the penal law, 49 aggravated patronizing a minor for prostitution in the first degree as 50 defined in section 230.13 of the penal law, aggravated patronizing a 51 minor for prostitution in the second degree as defined in section 230.12 52 of the penal law, aggravated patronizing a minor for prostitution in the 53 third degree as defined in section 230.11 of the penal law, incest in 54 the second degree as defined in section 255.26 of the penal law, or 55 incest in the first degree as defined in section 255.27 of the penal 56 law; (3) a felony attempt or conspiracy to commit any of the foregoingS. 8702 6 1 offenses set forth in this subdivision; or (4) a designated felony, as 2 defined in subdivision (f) of this section, if sexually motivated and 3 committed prior to the effective date of this article. 4 § 20. Subdivision 2 of section 353 of the multiple dwelling law, as 5 amended by chapter 680 of the laws of 1967, is amended to read as 6 follows: 7 2. If there be two or more convictions in such dwelling within a peri- 8 od of six months, under [sections] section 230.00, 230.00-a, 230.25, or 9 230.40 of the penal law. 10 § 21. Section 2324-a of the public health law, as amended by chapter 11 368 of the laws of 2015, is amended to read as follows: 12 § 2324-a. Presumptive evidence. For the purposes of this title, two or 13 more convictions of any person or persons had, within a period of one 14 year, for any of the offenses described in section 230.00, 230.00-a, 15 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30 16 or 230.32 of the penal law arising out of conduct engaged in at the same 17 real property consisting of a dwelling as that term is defined in subdi- 18 vision four of section four of the multiple dwelling law shall be 19 presumptive evidence of conduct constituting use of the premises for 20 purposes of prostitution. 21 § 22. Subdivision 2 of section 715 of the real property actions and 22 proceedings law, as amended by chapter 368 of the laws of 2015, is 23 amended to read as follows: 24 2. For purposes of this section, two or more convictions of any person 25 or persons had, within a period of one year, for any of the offenses 26 described in section 230.00, 230.00-a, 230.05, 230.06, 230.11, 230.12, 27 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris- 28 ing out of conduct engaged in at the same real property consisting of a 29 dwelling as that term is defined in subdivision four of section four of 30 the multiple dwelling law shall be presumptive evidence of conduct 31 constituting use of the premises for purposes of prostitution. 32 § 23. Subdivision 3 of section 231 of the real property law, as 33 amended by chapter 368 of the laws of 2015, is amended to read as 34 follows: 35 3. For the purposes of this section, two or more convictions of any 36 person or persons had, within a period of one year, for any of the 37 offenses described in section 230.00, 230.00-a, 230.05, 230.06, 230.11, 38 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal 39 law arising out of conduct engaged in at the same premises consisting of 40 a dwelling as that term is defined in subdivision four of section four 41 of the multiple dwelling law shall be presumptive evidence of unlawful 42 use of such premises and of the owners knowledge of the same. 43 § 24. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 44 and traffic law, as amended by chapter 368 of the laws of 2015, is 45 amended to read as follows: 46 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 47 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 48 of this section that result in disqualification for a period of five 49 years shall include a conviction under sections 100.10, 105.13, 115.05, 50 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 51 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 52 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 53 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 54 230.00-a, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, 230.19, 55 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivi- 56 sion two of section 260.20 and sections 260.25, 265.02, 265.03, 265.08,S. 8702 7 1 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to commit 2 any of the aforesaid offenses under section 110.00 of the penal law, or 3 any similar offenses committed under a former section of the penal law, 4 or any offenses committed under a former section of the penal law which 5 would constitute violations of the aforesaid sections of the penal law, 6 or any offenses committed outside this state which would constitute 7 violations of the aforesaid sections of the penal law. 8 § 25. This act shall take effect on the ninetieth day after it shall 9 have become a law.
