Relates to prostitution offenses involving minors; repealer

Summary of provisions

Section 1 amends the Penal Law by adding a new section 230.03 which provides that patronizing a prostitute in the fourth degree is a class A misdemeanor.

Section 2 amends section 230.19 of the Penal Law, as added by Chapter 191 of the Laws of 2011, by adding conforming language.

Section 3 amends section 230.04 of the Penal Law, as amended by Chapter 74 of the Laws of 2007, by defining patronizing a prostitute in the third degree. It provides that a person who is over 21 and patronizes a prostitute who is a child under 17 years of age is guilty of a class E felony.

Section 4 amends section 230.05 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by defining patronizing a prostitute in the second degree. It provides that a person who is 18 or older, and patronizes a prostitute who is a child under 15 years of age is guilty of a class D felony.

Section 5 amends section 230.06 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by defining patronizing a prostitute in the first degree. It provides that a person patronizing a prostitute who is a child under 11 years of age, or a person who is 18 years of age or older, and patronizes a prostitute who is a child under the age of 13 is guilty of a class C felony.

Section 6 repeals section 230.07 of the Penal Law.

Section 7 amends section 230.32 of the Penal Law, as added by Chapter 627 of the Laws of 1978, by defining promoting prostitution in the first degree. It provides that promoting a prostitute under the age of 13 years old is a class B felony.

Section 8 amends section 230.33 of the Penal Law, as added by Chapter 450 of the Laws of 2005, by defining compelling prostitution in the second degree. It provides that promoting a prostitute under the age of 17 years old is a class B felony.

Section 9 sets forth the effective date as the ninetieth day after it shall have become law.

Existing law

Currently, engaging in sex with a child under the age of 15 is ordinarily a class D felony, but patronizing a prostitute who is under the age of 14 is a class E non-violent felony. Throughout New York State's sex crimes statutes, a child is considered to be a person under the age of 17, but the crime of compelling prostitution applies to victims who are less than 16. A defendant who pays for sex with a ten year old child would be charged with patronizing a prostitute in the first degree, a class D felony, but if no money is exchanged or offered, that same defendant would be charged with first-degree rape, a class B violent felony.

Justification

There are multiple inconsistencies throughout Penal Law with regard to the ages of victims of crimes of prostitution and certain other sex crimes involving children. This bill would raise the penalty for patronizing a prostitute in the first degree to a class C felony, and adjust certain other patronizing and promoting crimes. While there is, currently, strict liability imposed upon defendants who have sex with children, this legislation would apply the same standard of liability to defendants who have sex with child prostitutes.

Legislative history

2008: S.7986 - Passed Senate.

Fiscal implications

None.

Effective date

Effective on the ninetieth day after it shall have become law.