What's happening
This bill increases penalties for certain prostitution and sex trafficking crimes when facilitated via social networking or online platforms.
Why it matters
Targets digital facilitation. The bill specifically recognizes the role of online platforms—like social media sites, chat rooms, and classified ad websites—in enabling prostitution and sex trafficking, and imposes enhanced penalties when these crimes are facilitated online.
Expands prosecutorial reach. By defining “facilitation” to include the use of a wide range of digital and social networking sites, the law makes it easier to prosecute individuals who use modern technology to commit or promote these offenses.
Increases deterrence through harsher sentences. The mandatory one-year increase in maximum sentences for online-facilitated offenses is designed to deter individuals from leveraging the internet for illegal sex trade activities, signaling that digital involvement is an aggravating factor.
Broadens the scope of covered offenses. The new law applies not just to direct acts of prostitution and trafficking, but also to attempts and conspiracies to commit these crimes, potentially increasing criminal liability for those involved in planning or organizing such activities online.
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Who cares
Headline styles
Increase Penalties for Online Prostitution
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1710
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. HEVESI, GRAF -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the facilitation of certain prostitution crimes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 230.37 to read as follows: § 230.37 Facilitation.
1. A person commits facilitation when he or she commits a specified offense and uses a commercial social networking website, online community or other website to facilitate such offense.
2. Notwithstanding any other provision of law, when a person is convicted of facilitation pursuant to this section and the specified offense is a misdemeanor or felony, the maximum term of the indeterminate sentence shall be increased by one year.
3. A "specified offense" is an offense defined by any of the following provisions of this article: section 230.20 (promoting prostitution in the fourth degree), section 230.25 (promoting prostitution in the third degree), section 230.30 (promoting prostitution in the second degree), section 230.32 (promoting prostitution in the first degree), section 230.34 (sex trafficking) or any attempt or conspiracy to commit any of the foregoing offenses.
4. As used in this section:
(a) "commercial social networking website" shall mean any business, organization or other entity operating a website that permits persons to be registered users for the purpose of establishing personal relationships with other users, where such persons may: (i) create web pages or profiles that provide information about themselves where such web pages or profiles are available to the public or to other users; (ii) engage in direct or real time communication with other users, such as chat room
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02485-01-7
A. 1710 2
or instant messenger; and (iii) communicate with the public or other users.
(b) "online community" shall mean an information system where content may be posted and may or may not restrict to particular users. This shall include but not be limited to blogs, internet classified sites, and web bulletin-boards.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.