What's happening
This bill classifies loitering for prostitution by persons under sixteen as juvenile delinquency instead of a criminal offense.
Why it matters
Reclassifying loitering for prostitution by minors under 16 as juvenile delinquency means these young people would enter the family court system, rather than facing adult criminal charges. This shifts the focus from punishment to rehabilitation, support, and protection, potentially leading to better long-term outcomes for vulnerable youth.
The change recognizes minors involved in prostitution as children potentially in need of help, not as criminals. This approach aligns with growing awareness that many minors involved in prostitution may be victims of trafficking or exploitation, and should be treated accordingly.
By diverting these cases to family court, the bill could encourage greater access to social services, counseling, and intervention programs. This may reduce recidivism and help address root causes such as abuse, homelessness, or coercion.
Law enforcement and judicial resources may be redirected, as the bill distinguishes between minors and adults in prostitution-related offenses. This could foster a more trauma-informed response across the justice system, potentially reducing the stigma and harm associated with criminal records for minors.
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Who cares
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Juvenile Court for Young Loiterers
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4987
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to loitering for the purpose of engaging in prostitution by persons under the age of sixteen
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2 and 3 of section 240.37 of the penal law, subdivision 2 as amended and subdivision 3 as added by chapter 368 of the laws of 2015, are amended and a new subdivision 5 is added to read as follows:
2. [Any] Except as provided in subdivision five of this section, 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 misdemeanor if such person has previously been convicted of a violation of this section or of section 230.00 of this part.
3. Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, passers-by, 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 patronizing a person for prostitution as defined in section 230.02 of this part, shall be guilty of a violation and is guilty of a class B misdemeanor if such person has previously been convicted of a violation of this section or of section 230.04, 230.05, 230.06 or 230.08 of this part.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09150-01-7
A. 4987 2
5. Any person under the age of sixteen who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, passers-by, 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 defined in article two hundred thirty of this part, shall be adjudged a juvenile delinquent.
§ 2. This act shall take effect on the ninetieth 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.