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 in the 1st degree

1 Co-sponsor

• 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

To provide a more severe punishment for those who prostitute their children

Summary of provisions

Section 1 of this bill amends Penal Law section 230.32, promoting prostitution in the first degree, by adding a parent or guardian who knowingly advances or profits from the prostitution of a child that he or she is charged with caring for and that child is less than seventeen years of age. Promoting prostitution in the first degree is a class "B" felony

Section 2 of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Currently, the Penal Law does not specifically address 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

This legislation is being amended because a 2015 amendment to Penal Law section 230.32 required that the new section receive a different subsection letter.

The January 2015 conviction of Yolanda Ostoloza for promoting prostitution and endangering the welfare of a child is a glaring example of why the law needs to be changed. In January 2014, Yolanda Ostoloza brought her barely 15-year old daughter to Manhattan from Florida for the purpose of prostituting her daughter to the crowds that were in the City for the Super Bowl. Promoting prostitution in the second degree is a class "B" felony and endangering the welfare of a minor is a class "A" misdemeanor. Yolanda Ostoloza was sentenced to 1 to 3 years in prison, which is the minimum term for the class "B" felony conviction. The New York Post reported that the judge "decided a lesser term was justified given Ostoloza's lack of priors and a history of similar conduct." By clearly adding parents and guardians who prostitute their children to the offense of promoting prostitution in the first degree, the Legislature is articulating its finding that this conduct is not trivial and should not be tolerated in this State.

Yolanda Ostoloza is not the only parent who has engaged in this activity. The emergence of similar cases throughout the Country has demonstrated a need to address the promotion of child prostitution by the child's parent or legal guardian. Instead of caring for and protecting their children, these parents and guardians have forced them to engage in unspeakable acts. These children have been robbed of their childhood by those who are supposed to be protecting them.

Legislative history

2015: S1109 - Passed the Senate 2014: S.2244 - Passed the Senate 2013: S.2244 - Passed the Senate 2012: S.1991 - Passed the Senate 2011: S.1991 - Passed the Senate 2010: S.2114 - Referred to Codes 2009: S.2114 - Referred to Codes 2008: S.5879 - Referred to Codes 2007: S.5879 - Referred to Codes

Fiscal implications

None to the State

Effective date

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