Adds the prostitution of a child less than 17 by a parent, guardian or person charged with the custody of such child, to class B felony of promoting prostitution 1st

11 Co-sponsors

• James S. Alesi
• John A. DeFrancisco
• John J. Flanagan
• Owen H. Johnson
• Kenneth P. LaValle
• Thomas P. Morahan
• Frank Padavan
• Stephen M. Saland
• James L. Seward
• Dale M. Volker
• Catharine Young

Title of bill

An act to amend the penal law, in relation to including within the offense of promoting prostitution in the first degree, the prostitution of a child by a parent, guardian or person charged with the care and custody of the child

Purpose

This legislation establishes the crime of promotion of a child less than seventeen years of age by a parent or guardian as a class B felony.

Summary of provisions

Section one creates a class B felony when a parent or guardian knowingly advances or profits from the prostitution of a child less than seventeen years of age he or she is charged with caring for.

Section two establishes the effective date of this law as November 1 after the bill becomes law.

Existing law

Currently, there is no statute that specifically addresses the prostitution of a child by a parent or guardian. Current offenses of promoting child prostitution range from class D to class B felonies.

Justification

Recent cases in New York have indicated a need to address the promoting of child prostitution by parents. Perpetrators of these despicable acts should be treated appropriately, ensuring they are unable to have access to the children they exploited.

Penalties for child prostitution offenses remain largely the same as when they were when first defined in 1978. These penalties do not adequately reflect the seriousness of crimes involving the prostitution of our children, particularly when the perpetrator is the parent or legal guardian of the child.

Legislative history

2007-2008: S.5879 - Referred to Codes

Fiscal implications

None.

Effective date

November 1 after it becomes law.