Amends various provisions relating to prostitution offenses; repealer

Summary of provisions

Section 1 amends Penal Law section 60.13 to add the offenses of patronizing a person for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first, second, and third degrees to the authorized dispositions for felony sex offenses.

Section 2 amends Penal Law section 70.02 to add the offenses of compelling prostitution and sex trafficking to the list of Class "B" violent felony offenses.

Section 3 amends Penal Law section 70.80 to add the offenses of patronizing a person for prostitution in the second degree and aggravated patronizing a minor for prostitution in the first, second, and third degrees to the definition of the term "felony sex offense".

Section 4 amends Penal Law section 135.35 to increase the felony . class for the offense of labor trafficking from a class "D" to a "B" felony.

Section 5 adds new section 230.01 to the Penal Law, providing an affirmative defense to defendants charged with an offense under Penal Law sections 230.00 or 240.37 When the defendants participation in the offense was a result of the defendant having been a victim of sex trafficking under the Penal Law or a victim of trafficking in persons under the Federal trafficking victims Protection act.

Sections 6, 8, and 14 amend Penal Law sections 230.02, 230.04, and 230.15, respectively, to make the sections gender neutral and to replace the term "prostitute" with the term "person for prostitution."

Section 7 amends Penal Law section 230.03 to provide that the definition of the term "school zone" applies to Penal Law section 230.08, which is the offense of patronizing a person for prostitution in a school zone.

Section 9 amends Penal Law section 230.05 to provide that a person is guilty of patronizing a person for prostitution in the second degree when he or she is at least 18 years old and the person being patronized is less than 15 years old. Currently, the age for the person being patronized is less than 14 years old.

Section 10 amends Penal Law section 230.06 to provide that a person is guilty of patronizing a person for prostitution in the first degree when he or she is at least 18 years old and the person being patronized is less than 13 years old. Currently, the age for the person being patronized is less than 11 years old.

Section 11 repeals Penal Law section 230.07 and adds new section 230.08, which creates the offense of patronizing a person for prostitution in a school zone. A person is guilty of patronizing a person for prostitution in a school zone when he or she patronizes a person for prostitution in a school zone during the hours that school is in session. The offense of patronizing a person for prostitution in a school zone is a class "E" felony.

Section 12 amends Penal Law section 230.10 to replace the term "prostitute" with the term "person for prostitution."

Section 13 adds three new offenses to the Penal Law. These offenses are aggravated patronizing a minor for prostitution in the first, second, and third degrees. New section 230.11 creates the crime of aggravated patronizing a minor for prostitution in the third degree, which provides that a person is guilty of this offense when he or she is at least 18 years old, patronizes a person for prostitution who is less than 18 years old, and engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct with the person being patronized. This offense is a class "E" felony. New section 230.12 creates the crime of aggravated patronizing a minor for prostitution in the second degree, which provides that a person is guilty of this offense when he or she is at least 18 years old, patronizes a person for prostitution who is less than 15 years old, and engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct with the person being patronized. This offense is a class "D" felony. New section 230.13 creates the crime of aggravated patronizing a minor for prostitution in the first degree, which provides that a person is guilty of this offense when he or she is at least 18 years old, patronizes a person for prostitution who is less than 13 years old, and engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct with the person being patronized. This offense is a class "B" felony.

Section 15 amends Penal Law section 230.19 to provide that a person is guilty of the offense of promoting prostitution in a school zone when he or she is at least 18 years old and knowingly advances or profits from prostitution in a school zone during the hours that school is in session. This amendment decreases the age of the actor from being at least 19 years old to being at least 18 years old and removes the requirement that the actor knew or reasonably should have known that a violation of section 230.03 would be committed in the commission of the offense.

Section 16 amends Penal Law section 230.25 to provide that a person is guilty of promoting prostitution in the third degree when he or she knowingly profits from prostitution by engaging in the of business enterprise consisting of transporting a person or persons for the purposes of prostitution. Additionally, a person is guilty of promoting prostitution the third degree when he or she advances or profits from prostitution of a person less than 18 years old, instead of less than 19 years old.

Section 17 amends Penal Law section 230.30 to provide that a person is guilty of promoting prostitution in the second degree when he or she advances or profits from the prostitution of a person less than 15 years old, instead of 16 years old, and to add that a person is guilty of this offense when he or she is the parent, guardian, or other person legally charged with the care and custody of a child under 18 years old and advances or profits from the prostitution of such child.

Section 18 amends Penal Law section 230.32 to provide that a person is guilty of promoting prostitution in the first degree when he or she advances or profits from the prostitution of a person less than 13 years old, instead of 11 years old, and to add that a person is guilty of this offense when he or she is the parent, guardian, or other person legally charged with the care and custody of a child under 15 years old and advances or profits from the prostitution of such child.

Section 19 amends Penal Law section 230.33 to provide that a person who is at least 18 years old, instead of at least 21 years old, is guilty of compelling prostitution when he or she knowingly advances prostitution by compelling a person less than 18 years old, instead of 16 years old by force or intimidation to engage in prostitution.

Section 20 amends Penal Law section 230.34 to add marihuana and ecstasy (MDMA) to the list of items that, when unlawfully provided to a person being patronized for prostitution with the purpose of impairing such person's judgment will cause the actor to be guilty of the offense of sex trafficking. Additionally, this section adds that a person is guilty of this sex trafficking if he or she knowingly advances prostitution of a person less than 18 years old.

Section 21 amends Penal Law section 230.35, which is accomplice liability for promoting or compelling prostitution, to provide that the when prostitution activities of a person who is less than 18 years old, instead of less than 17 years old, have been advanced, compelled, attempted to be advanced or compelled, such person shall not be liable as an accomplice.

Section 22 amends Penal Law section 230.40, which is the offense of permitting prostitution, provide that a person is guilty of the offense when a person knows that a premises or vehicle in the possession or control of such person is being used for the purpose of prostitution or advancing prostitution and he or she fails to make a reasonable effort to halt such use. Currently, a person is guilty of the offense when a person knows that a premises in his or her possession or control is being used for the purpose of prostitution.

Section 23 adds three new subdivisions to Penal Law section 240.37, which is loitering for the purpose of engaging in a prostitution

offense. New subdivision 3 provides that a person is guilty of the offense when he or she wanders about in a public place, stops motor vehicles, or interferes with the free passage of other people for the purpose of patronizing a person for prostitution. If the person has been previously convicted of patronizing a person for prostitution or aggravated patronizing a minor for prostitution, the offense is a class "B" misdemeanor; otherwise the offense is a violation. New subdivision 4 provides that a person is guilty of this offense if wanders about, stops motor vehicles, or interferes with the free passage of other people while in a school zone for the purpose of prostitution. If the person has been previously convicted of prostitution, the offense is a class "A" misdemeanor; otherwise offense is a class "B" misdemeanor. New subdivision 5 provides that a person is guilty of this offense if the person engages in the activities described in new subdivision 4 for the purpose of patronizing a person for prostitution or aggravated patronizing a minor for prostitution. If the person has been previously convicted of patronizing a person for prostitution or aggravated patronizing a minor for prostitution, the offense is a class "A" misdemeanor; otherwise offense is a class "B" misdemeanor.

Section 24 amends Criminal Procedure Law section 170.15 to require removal to Family Court when the defendant is less than 18 years old and is alleged to have engaged in any act defined in section 230.00 or section 240.37(2) or (3). Additionally, the court must inform the defendant of the availability of services under Social Services Law section 447-b.

Section 25 amends Criminal Procedure Law section 380.50 add the offenses of patronizing a person for prostitution in the third degree, patronizing a person for prostitution in a school zone, and aggravated patronizing a minor for prostitution in the first, second, and third degrees to the list of offenses for which the victim must be provided with a form to elect to be notified if the defendant seeks a name change.

Section 26 amends Criminal Procedure Law section 440.10 to replace the term "prostitute" with the term "person for prostitution."

Section 27 Criminal Procedure Law section 700.05(8) (h) regaining eavesdropping or video surveillance warrants to add the offenses of promoting prostitution and compelling prostitution to the definition of the term "designated offenses."

Section 28 amends Social Services Law section 483-bb to, when requested require The office of temporary and disability assistance (OTDA) to coordinate with assist local law enforcement agencies and district attorney's offices to access the appropriate services for a human trafficking victim and to allow OTDA to enter into contracts with non-government organizations for providing services to pre-certified victims of human trafficking regardless of whether funds are available for such purpose. Currently, OTDA may, but is not required to, coordinate with local law enforcement agencies and Districts Attorney offices to provide access to appropriate services for human trafficking victims. Additionally, under current law, OTDA may enter into contracts with nongovernment organizations "insofar as funds are available for such purpose."

Section 29 amends Social Services Law section 483-cc to add established providers of social or legal services designated by OTDA or the Office for the Prevention of Domestic Violence to the list of agencies and providers that must notify OTDA and the Division of Criminal Justice Services (DCJS) when it appears that a person is a victim of human trafficking.

Section 30 amends Mental Hygiene Law section 10.32(p) to add the offenses of patronizing person for prostitution in the second degree and aggravated patronizing a minor of for prostitution in the first, second, and third degrees to the definition of the term "sex offense."

Section 31 amends Correction Law section 168-a(2)(a)(i) to add the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, and compelling prostitution when the person being compelled is under 18 years old to the definition of the term "sex offense," for purposes of the Sex Offender Registration Act.

Section 32 amends Correction Law section 168-d(1)(b) to add the offenses of patronizing a person for prostitution in the first and second degrees, patronizing a person prostitution in a school zone, and aggravated patronizing a moderate minor for prostitution in the first, second, and third degrees to the list of offenses for which the Court must conduct an inquiry into the victim's age if the defendant controverts an allegation regarding the victim's age. This section also makes amendments to correspond with the amended Penal Law provisions contained in this bill.

Section 33 amends Vehicle and Traffic Law section 509-c(1)(b)(v) to add the offense of sex trafficking to the list of offenses for which, if convicted, disqualifies a person to be a bus driver for five years.

Section 34 amends Vehicle and Traffic Law section 509- c(2)(b)(iv) to add the offenses of vehicular homicide and sex trafficking to the list of offenses for which, if convicted, disqualifies a person who became subject to the provisions of this section after September 15, 1985, to be a bus driver for five years. The addition of vehicular homicide is to maintain consistency with subdivision (1)(b)(v), which are the circumstances for which a person who became subject to this section on or before September 15, 1985 bus driver may be disqualified from being a bus driver for 5 years.

Section 35 amends Vehicle and Traffic Law section 509-cc to add the offense of compelling prostitution to the list of offenses for which, if convicted, a person is permanently disqualified from being a school bus driver. This section also adds the offenses of patronizing a person for prostitution in the third degree, patronizing a person prostitution in a school zone, aggravated patronizing a moderate minor for prostitution in the first, second, and third degrees, and promoting prostitution in a school zone to the list of offenses for which, if convicted, a person is disqualified from being a school bus driver for 5 years.

Section 36 amends Public Health Law section 2324-a to include in the list of offenses that, after two convictions within one year for activities at the property, gives rise to the presumption that the

property is being used for prostitution under the Public Health Law the offenses of patronizing a person for prostitution in the first and third degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking.

Section 37 amends Real Property Actions and Proceedings Law section 715(2) to include in the list of offenses that, after two convictions within one year for activities at the property, gives rise to the presumption that the property is being used for prostitution for purposes of an action to terminate possession of real property the offenses of patronizing a person for prostitution in the third and first degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking.

Section 38 amends Real Property Law section 231(3) to include in the list of offenses add the offenses that, after two convictions within one year for activities at the property, gives rise to the presumption that the property is being used for prostitution for the purposes of rendering a lease void and holding a landlord liable for knowingly allowing the activities to continue under the landlord-tenant provisions of the Real Property Law the offenses of patronizing a person for prostitution in the first and third degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking.

Section 39 amends Social Services Law section 483-ee to require that the Interagency Taskforce on Human Trafficking report to the Governor and Legislature on an annual basis, with such report being made no later than the first day of each calendar year. Such report shall include, among other things, statistics disclosing the aggregate number of human trafficking victims in the state and the aggregate number of human trafficking victims who were offered social services. These statistics are required to be broken down by age, sex, race, and type of trafficking (either labor or sex). Additionally, this report is required to provide statistics disclosing the number of prosecutions brought and convictions obtained for human trafficking offenses.

Section 40 amends Penal Law section 460.10(1)(a) to add the offenses of promoting prostitution in a school zone and compelling prostitution to the definition of the term "criminal act" for purposes of Article 460, which is enterprise corruption.

Section 41 amends Social Services Law section 427-a(3)(b) to exclude reports that include allegations that that the subject allowed, permitted or encouraged a child to engage in any act described in Penal Law sections 230.19 (promoting prostitution in a school zone), 230.33 (compelling prostitution), and 230.34 (sex trafficking) from inclusion in the assessment track of a differential response program.

Section 42 amends Civil Rights Law section 62(2) concerning notice of petitions for a name change made by a person who is currently confined as an inmate in a correctional facility or is currently under the supervision of the Department of Corrections and Community Supervision or a County probation office and has been convicted of certain specified offenses to include the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, compelling prostitution, and sex trafficking. Notice of the time and place where and when a petition made by a person convicted of any such offenses will be heard must be provided to the District Attorney of every County in which the petitioner was convicted of a felony listed in such subdivision.

Section 43 amends Civil Rights Law section 64 concerning orders granting a petition for a name change where such petition states that the petitioner has been convicted of the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, compelling prostitution, or sex trafficking to require the court, after publication of the name change and receipt of an affidavit of the publication, to deliver a copy of the certified order to DCJS and allow the court, after publication and receipt of the affidavit of publication, to deliver to a court of competent jurisdiction that imposed orders of support the petitioner's new name and a copy of the certified order.

Section 44 amends Civil Rights Law section 61(2) concerning the contents of a petition for a change of name made by a person who is currently confined as an inmate in a correctional facility or is currently under the supervision of the Department of Corrections and Community Supervision or a County probation office and has been convicted of the offenses of patronizing a person for prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, compelling prostitution, or sex trafficking to require that the petitioner include in his or her petition each conviction for such offenses, along with the date of such conviction, and the Court in which such conviction was entered.

Section 45 amends Multiple Dwelling Law section 353(2) to include in the list of offenses for which two convictions in a multiple dwelling within six months will cause the dwelling to be deemed to have been used as a house of prostitution or assignation with the permission of the owner, agent or lessee, the offenses of patronizing a person for prostitution in the first, second, and third degrees, patronizing a person prostitution in a school zone, aggravated patronizing a minor for prostitution in the first, second, and third degrees, promoting prostitution in a school zone, promoting prostitution in the first degree, compelling prostitution, and sex trafficking.

Section 46 amends Family Court Act section 1012(e)(iii) defining the term "abused child" to include a child whose parent or guardian allows, permits or encourages such child to engage in any act described in Penal Law sections 230.19 (promoting prostitution in a school zone), 230.33 (compelling prostitution), and 230.34 (sex trafficking).

Section 47 extends Interagency Taskforce on Human Trafficking through September 1, 2016.

Section 48 provides that this act shall take effect immediately; provided, however, that sections one through forty-six of this act shall take effect on the ninetieth day after it shall have become law; provided that the amendments to section 483-ee of the social services law made by section thirty-nine of this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith.

Justification

In 2007, New York began its fight against human trafficking by creating new offenses and providing a mechanism for otherwise ineligible sex trafficking and human trafficking victims to receive social services. In 2008, New York enacted the Safe Harbour for Exploited Children Act in recognition of the fact that many victims of human trafficking are children. New York's fight against human trafficking did not end in 2008; New York continues to fight against human trafficking by prosecuting the exploiters and opening new avenues for assistance to victims.

Despite New York's efforts, sex trafficking continues to exist. In January 2013, a man in western New York was convicted of trafficking two girls under the age of 18 for a period of two years. Nationally, the United States Department of Justice reports that the number of sex trafficking investigations has increased each year. Hofstra University, in its 2011 study, estimated that in New York City between 2000 and 2010, nongovernmental providers of services to victims of human trafficking interacted with at least 11,268 human trafficking survivors. Of those survivors, it is estimated that 71.5% were victims of sex trafficking and 58.4% were under the age of 18.

New York needs to take further steps to combat sex trafficking and protect our children. By adding the offenses of patronizing a person for prostitution in the second degree and aggravated patronizing a minor for prostitution to the definition of the term "felony sex offense," as well as requiring persons convicted of aggravated patronizing a minor for prostitution to register as sex offenders, this bill seeks to make the act of patronizing a person of any age for prostitution undesirable. Decreasing the demand for paid sex is an important step toward combating sex trafficking.

This bill amends the Penal Law to acknowledge that the overwhelming majority of sex trafficking victims are forced to become sell their bodies by changing the phrases used in the prostitution offenses from soliciting a prostitute to soliciting a person for prostitution. This bill further acknowledges that many sex trafficking victims do not willingly engage in prostitution activities by providing these victims with an affirmative defense to the charge of prostitution. Finally, to help these victims become survivors, this bill allows the Office of Temporary and Disability Assistance (OTDA) enter into agreements with non-governmental providers of social and legal services that assist victims in need of social or legal services regardless of whether funding is available and requires OTDA, upon request, to coordinate with local law enforcement and District Attorney's offices to provide access to appropriate services for human trafficking victims.

To increase the protection of our children, this bill creates the felony offenses of aggravated patronizing of a minor for prostitution in the first, second, and third degrees. This bill also amends the offense of patronizing a person for prostitution in the first degree to increase the age of the person being patronized from under the age of 11 to under the age of 13 and thereby increasing the penalty for 11 and 12 year old children who are being patronized. The overwhelming majority of children under the age of 13 have yet to begin high school. This increased penalty may cause a person to think twice before he or she helps rob a child of his or her childhood.

To protect our neighborhoods, this bill provides that two convictions for any of the prostitution offenses involving patronizing, aggravated patronizing, promoting, or compelling prostitution, as well as sex trafficking, within the prescribed statutory period for activities occurring in a dwelling or building will give rise to the presumption that the dwelling or building is being used for prostitution activities under the Multiple Dwelling Law, Public Health Law, Real Property Actions and Procedures Law, Real Property Law by adding many of the prostitution offenses that are not currently included in those statutes. These amendments will make it easier to stop the prostitution activities that occur in dwellings and buildings in our neighborhoods.

Legislative history

Similar to S.7212 of 2012

Effective date

The act shall take effect immediately; provided, however, that sections one through forty-six of this act shall take effect on the ninetieth day after it shall have become law; provided that the amendments to section 483-ee of the social services law made by section thirty-nine of this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith.