Strengthen Child Prostitution Laws

Section 1. Section 230.00 of the penal law, as amended by chapter 169 of the laws of 1969, is amended to read as follows: § 230.00 [Prostitution] Criminal prostitution.

A person is guilty of criminal prostitution when, being seventeen years old or more, such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

[Prostitution] Criminal prostitution is a class B [Misdemeanor] misdemeanor.

§ 2. The penal law is amended by adding a new section 230.00-a to read as follows: § 230.00-a Unlawful prostitution.

A person is guilty of unlawful prostitution when, being less than seventeen years old, such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

Unlawful prostitution is a violation, provided, however, that any person who has previously been convicted of a crime defined in this article or section 240.37 of this part shall be guilty of a class B misdemeanor.

§ 3. Sections 230.05 and 230.06 of the penal law, as amended by chapter 368 of the laws of 2015, are amended to read as follows: § 230.05 Patronizing a person for prostitution in the second degree.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07126-01-7

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A person is guilty of patronizing a person for prostitution in the second degree when, being [eighteen] twenty-one years old or more, he or she patronizes a person for prostitution and the person patronized is less than [fifteen] seventeen years old.

Patronizing a person for prostitution in the second degree is a class E felony. § 230.06 Patronizing a person for prostitution in the first degree.

A person is guilty of patronizing a person for prostitution in the first degree when[:

1. He or she patronizes a person for prostitution and the person patronized is less than eleven years old; or

2. Being] being eighteen years old or more, he or she patronizes a person for prostitution and the person patronized is less than [thirteen] fifteen years old.

Patronizing a person for prostitution in the first degree is a class D felony.

§ 4. The penal law is amended by adding a new section 230.06-a to read as follows: § 230.06-a Sexual exploitation of a child.

A person is guilty of sexual exploitation of a child when:

1. Being eighteen years of age or more he or she patronizes a prostitute and the person patronized is less than thirteen years of age; or

2. He or she patronizes a prostitute and the person patronized is less than eleven years of age.

Sexual exploitation of a child is a class B felony.

§ 5. Section 230.07 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.07 Patronizing a person for prostitution; defense.

In any prosecution for patronizing a person for prostitution in the first or second degrees, sexual exploitation of a child or patronizing a person for prostitution in a school zone, it is [a] an affirmative defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.

§ 6. The opening paragraph of section 230.10 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:

In any prosecution for sexual exploitation of a child, prostitution or patronizing a person for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

§ 7. The penal law is amended by adding a new section 230.14 to read as follows: § 230.14 Prostitution; defense.

In any prosecution for unlawful prostitution or criminal prostitution, it is an affirmative defense that the defendant is a victim of sex trafficking.

§ 8. Subdivision 2 of section 240.37 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:

2. Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of prostitution as that term is defined in article two hundred thirty of this part, shall be guilty of a violation and is guilty of a class B

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misdemeanor if such person has previously been convicted of a violation of this section or of section 230.00 or 230.00-a of this part.

§ 9. Section 60.13 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 60.13 Authorized dispositions; felony sex offenses.

When a person is to be sentenced upon a conviction for any felony defined in article one hundred thirty of this chapter, including a sexually motivated felony, or patronizing a person for prostitution in the first degree as defined in section 230.06 of this chapter, sexual exploitation of a child as defined in section 230.06-a of this chapter, aggravated patronizing a minor for prostitution in the third degree as defined in section 230.11 of this chapter, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12 of this chapter, aggravated patronizing a minor for prostitution in the first degree as defined in section 230.13 of this chapter, incest in the second degree as defined in section 255.26 of this chapter, or incest in the first degree as defined in section 255.27 of this chapter, or a felony attempt or conspiracy to commit any of these crimes, the court must sentence the defendant in accordance with the provisions of section 70.80 of this title.

§ 10. Paragraph (a) of subdivision 1 of section 70.80 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:

(a) For the purposes of this section, a "felony sex offense" means a conviction of any felony defined in article one hundred thirty of this chapter, including a sexually motivated felony, or patronizing a person for prostitution in the first degree as defined in section 230.06 of this chapter, patronizing a person for prostitution in the second degree as defined in section 230.05 of this chapter, sexual exploitation of a child as defined in section 230.06-a of this chapter, aggravated patronizing a minor for prostitution in the third degree as defined in section 230.11 of this chapter, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12 of this chapter, aggravated patronizing a minor for prostitution in the first degree as defined in section 230.13 of this chapter, incest in the second degree as defined in section 255.26 of this chapter, or incest in the first degree as defined in section 255.27 of this chapter, or a felony attempt or conspiracy to commit any of the above.

§ 11. Subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:

(i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim, or section 230.04, where the person patronized is in fact less than seventeen years of age, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision two of section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the penal law where the person prostituted is in fact less than seventeen years old, or

§ 12. Subdivision 2 of section 60.42 of the criminal procedure law, as added by chapter 230 of the laws of 1975, is amended to read as follows:

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2. proves or tends to prove that the victim has been convicted of an offense under section 230.00 or 230.00-a of the penal law within three years prior to the sex offense which is the subject of the prosecution; or

§ 13. Paragraph (d) of subdivision 1 of section 160.10 of the criminal procedure law, as amended by chapter 232 of the laws of 2010, is amended and a new paragraph (e) is added to read as follows:

(d) Loitering for the purpose of engaging in a prostitution offense as defined in subdivision two of section 240.37 of the penal law[.]; or

(e) Unlawful prostitution as defined in section 230.00-a of the penal law.

§ 14. Subdivision 6 of section 380.50 of the criminal procedure law, as separately amended by chapters 368 and 394 of the laws of 2015, is amended to read as follows:

6. Regardless of whether the victim requests to make a statement with regard to the defendant's sentence, where the defendant is sentenced for a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision two of section 230.30 or 230.32, the prosecutor shall, within sixty days of the imposition of sentence, provide the victim with a form, prepared and distributed by the commissioner of the division of criminal justice services, in consultation with the director of the office of victim services, on which the victim may indicate a demand to be informed of any petition to change the name of such defendant. Such forms shall be maintained by such prosecutor. Upon receipt of a notice of a petition to change the name of any such defendant, pursuant to subdivision two of section sixty-two of the civil rights law, the prosecutor shall promptly notify the victim at the most current address or telephone number provided by such victim in the most reasonable and expedient possible manner of the time and place such petition will be presented to the court.

§ 15. Subdivision 2 of section 61 of the civil rights law, as amended by section 54 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:

2. If the petitioner stands convicted of a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-a, subdivision two of section 230.30 or 230.32, and is currently confined as an inmate in any correctional facility or currently under the supervision of the department of corrections and community supervision or a county probation department as a result of such conviction, the petition shall for each such conviction specify such felony conviction, the date of such conviction or convictions, and the court in which such conviction or convictions were entered.

§ 16. Subdivision 2 of section 62 of the civil rights law, as amended by section 55 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:

2. If the petition be to change the name of a person currently confined as an inmate in any correctional facility or currently under the supervision of the department of corrections and community supervision or a county probation department as a result of a conviction for

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a violent felony offense as defined in section 70.02 of the penal law or a felony defined in article one hundred twenty-five of such law or any of the following provisions of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-a, subdivision two of section 230.30 or 230.32, notice of the time and place when and where the petition will be presented shall be served, in like manner as a notice of a motion upon an attorney in an action, upon the district attorney of every county in which such person has been convicted of such felony and upon the court or courts in which the sentence for such felony was entered. Unless a shorter period of time is ordered by the court, said notice shall be served upon each such district attorney and court or courts not less than sixty days prior to the date on which such petition is noticed to be heard.

§ 17. The closing paragraph of section 64 of the civil rights law, as separately amended by chapters 258, 320 and 481 of the laws of 2006, is amended to read as follows: