Establishes certain crime of prostitution on or near school grounds

BILL NUMBER:S2040

Title of bill

An act to amend the penal law, in relation to increasing the penalties for loitering for the purpose of engaging in a prostitution offense on or near school grounds

Summary

This bill creates a new subdivision 4 of Section 240.37 which increases the penalties for loitering for the purpose of promoting a prostitution offense when such loitering occurs on or near school grounds. School grounds are defined to mean in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public, parochial or private licensed day care, nursery, elementary, intermediate, junior high, vocational, or high school, or any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school. Also, area accessible to the public is defined as sidewalks, streets, parking lots, playgrounds, stores and restaurants. The first violation of this subdivision will be a class A misdemeanor; repeated violations will constitute a class E felony.

Justification

Increasingly, particularly in inner-city school districts, there has been a problem with persons loitering on or near school grounds for the purposes of prostitution, drug sales and other illegal purposes. Chapter 280 of the Laws of 1986 increased the penalties for sale of controlled substances on or near school grounds. This bill would similarly raise the penalties for loitering for the purpose of promoting prostitution. What ever the social costs of prostitution, there can be no denial of the fact that prostitutes are a high risk group for both drug addiction and Acquired Immune Deficiency Syndrome, and while an adult may be aware of the consequences of engaging in sex-for-hire, minors should not be exposed to the risks involved in such activities. Parents have a reasonable expectation that their children will attend school in an area as safe as possible. This legislation would put purveyors of prostitution on notice that plying their trade on or near school grounds will result in severe penalties.

Fiscal implications

None to the State.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.