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History
- Print number 1950a
- Amend (t) and recommit to codes
- Referred to codes
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to defenses against patronizing a person for prostitution
Purpose or general idea of bill
To shift the burden of proof to those who commit the crime of either patronizing a prostitute in the first degree or second degree by making it an affirmative defense that the defendant did not reasonably believe that the person patronized was less than the age specified in current law.
Current law
Section 230.07 of the penal law provides that it is a defense to the crime of patronizing a prostitute in the first or second degree that the defendant did not have reasonable grounds to believe that the person patronized was less than the age specified for such crimes.
Summary of specific provisions
Section 1: Amends section 230.07 of the penal law, by providing that it shall be an affirmative defense to the crime of patronizing a prostitute in the, first or second degree that the defendant did not have reasonable grounds to believe that the person patronized was less than the age specified for such crimes. This bill was amended in 2016 due to a new chapter law that was enacted in 2015.
Section 2: Immediate effective date.
Justification
Currently, it is a defense to the crime of patronizing a prostitute in either the first or second degree that the defendant did not have reasonable grounds to believe that the person was less than the age specified. It is a valid defense if a defendant merely asserts that there was no reasonable way to know that the person patronized was younger than fourteen years old. In such cases, the prosecutor has the burden of proving that the defendant did have reasonable grounds to believe that the person patronized was younger than the age specified in statute.
This legislation will change the current law by shifting the burden of proof onto the defendant. The defendant will have to prove that he or she did not have reasonable grounds to believe that the person patronized was younger than fourteen years old. The intention of this legislation is to create a system that will make it more difficult for people to patronize child prostitutes.
Prior legislative history
2010 - Referred to Codes; Passed Senate S.8109. 2012 - Referred to Codes; Passed Senate S. 618; 2013/2014 S.2261; Passed Senate both years
Fiscal implication
None.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.