What's happening
This bill increases criminal penalties for various prostitution-related offenses and adds permitting prostitution involving minors as a sex offense.
Why it matters
Upgrades several prostitution-related crimes (including patronizing a prostitute and promoting prostitution) to higher felony classes. , meaning longer potential prison sentences, greater stigma, and more severe long-term legal consequences for those convicted.
Creates a new, more serious offense of “permitting prostitution in the first degree”. for property owners or controllers who allow prostitution involving minors under 17 on their premises or vehicles and do not act to stop it—this is now a class E felony, emphasizing increased accountability for adults who facilitate sex work involving minors.
Expands the list of offenses that require registration as a sex offender to include permitting prostitution in the first degree. (when it involves minors), meaning offenders will face ongoing public notification, employment, and residency restrictions.
Signals a legislative shift toward harsher criminal justice responses to both sex buyers and facilitators. , likely deterring involvement but also raising concerns about impacts on marginalized populations and debates over the effectiveness of punitive approaches versus support-based interventions.
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Increase Penalties for Prostitution
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Penalties for Prostitution
In Assembly Committee · Codes · Sponsor Nicole Malliotakis
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 1605 A. 940
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 10, 2017
IN SENATE -- Introduced by Sens. GOLDEN, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to promoting prostitution, patronizing a prostitute and permitting prostitution; and to amend the correction law, in relation to designating permitting prostitution in the first degree as a sex offense for the purposes of the sex offender registration act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of section 70.02 of the penal law, paragraphs (a) and (c) as amended by chapter 368 of the laws of 2015, paragraph (b) as amended by chapter 1 of the laws of 2013, and paragraph (d) as amended by chapter 7 of the laws of 2007, are amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75[;], promoting prostitution in the first degree as defined in section 230.32, assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04239-01-7
S. 1605 2 A. 940
defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
(b) Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph (a) of this subdivision; aggravated criminally negligent homicide as defined in section 125.11, aggravated manslaughter in the second degree as defined in section 125.21, aggravated sexual abuse in the second degree as defined in section 130.67, patronizing a person for prostitution in the first degree as defined in section 230.06, promoting prostitution in the second degree as defined in subdivision two of section 230.30, assault on a peace officer, police officer, fireman or emergency medical services professional as defined in section 120.08, assault on a judge as defined in section 120.09, gang assault in the second degree as defined in section 120.06, strangulation in the first degree as defined in section 121.13, burglary in the second degree as defined in section 140.25, robbery in the second degree as defined in section 160.10, criminal possession of a weapon in the second degree as defined in section 265.03, criminal use of a firearm in the second degree as defined in section 265.08, criminal sale of a firearm in the second degree as defined in section 265.12, criminal sale of a firearm with the aid of a minor as defined in section 265.14, aggravated criminal possession of a weapon as defined in section 265.19, soliciting or providing support for an act of terrorism in the first degree as defined in section 490.15, hindering prosecution of terrorism in the second degree as defined in section 490.30, and criminal possession of a chemical weapon or biological weapon in the third degree as defined in section 490.37.
(c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child as defined in section 120.02, assault in the second degree as defined in section 120.05, menacing a police officer or peace officer as defined in section 120.18, stalking in the first degree, as defined in subdivision one of section 120.60, strangulation in the second degree as defined in section 121.12, rape in the second degree as defined in section 130.30, criminal sexual act in the second degree as defined in section 130.45, sexual abuse in the first degree as defined in section 130.65, course of sexual conduct against a child in the second degree as defined in section 130.80, aggravated sexual abuse in the third degree as defined in section 130.66, facilitating a sex offense with a controlled substance as defined in section 130.90, labor trafficking as defined in paragraphs (a) and (b) of subdivision three of section 135.35, patronizing a person for prostitution in the second degree as defined in section 230.05, promoting prostitution in the third degree as defined in subdivision two of section 230.25, criminal possession of a weapon in the
S. 1605 3 A. 940
third degree as defined in subdivision five, six, seven, eight, nine or ten of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11, intimidating a victim or witness in the second degree as defined in section 215.16, soliciting or providing support for an act of terrorism in the second degree as defined in section 490.10, and making a terroristic threat as defined in section 490.20, falsely reporting an incident in the first degree as defined in section 240.60, placing a false bomb or hazardous substance in the first degree as defined in section 240.62, placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall as defined in section 240.63, and aggravated unpermitted use of indoor pyrotechnics in the first degree as defined in section 405.18.
(d) Class E violent felony offenses: an attempt to commit any of the felonies of criminal possession of a weapon in the third degree as defined in subdivision five, six, seven or eight of section 265.02 as a lesser included offense of that section as defined in section 220.20 of the criminal procedure law, persistent sexual abuse as defined in section 130.53, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, patronizing a person for prostitution in the third degree as defined in section 230.04, falsely reporting an incident in the second degree as defined in section 240.55 and placing a false bomb or hazardous substance in the second degree as defined in section 240.61.
§ 2. Subdivision 5 of section 60.05 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows:
5. Certain class D felonies. Except as provided in subdivision six of this section, every person convicted of the class D felonies of assault in the second degree as defined in section 120.05, strangulation in the second degree as defined in section 121.12 [or attempt to commit a class C felony as defined in section 230.30 of this chapter,] must be sentenced in accordance with section 70.00 or 85.00 of this title.
§ 3. The closing paragraph of section 230.04 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
Patronizing a person for prostitution in the third degree is a class [A misdemeanor] E felony.
§ 4. The closing paragraph of section 230.05 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
Patronizing a person for prostitution in the second degree is a class [E] D felony.
§ 5. The closing paragraph of section 230.06 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
Patronizing a person for prostitution in the first degree is a class [D] C felony.
§ 6. Section 230.40 of the penal law, the opening paragraph as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.40 Permitting prostitution in the second degree.
A person is guilty of permitting prostitution in the second degree when, having possession or control of premises or vehicle which he or she knows are being used for prostitution purposes or for the purpose of advancing prostitution, he or she fails to make reasonable effort to halt or abate such use.
S. 1605 4 A. 940
Permitting prostitution in the second degree is a class [B] A misdemeanor.
§ 7. The penal law is amended by adding a new section 230.45 to read as follows: § 230.45 Permitting prostitution in the first degree.
A person is guilty of permitting prostitution in the first degree when having possession or control of premises or vehicle which he or she knows are being used for prostitution purposes including the prostitution of a child less than seventeen years of age, he or she fails to make reasonable effort to halt or abate such use.
Permitting prostitution in the first degree is a class E felony.
§ 8. 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, 230.11, 230.12, 230.13, subdivision two of section 230.30, section 230.32, 230.33, [or] 230.34, or 230.45 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
§ 9. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to promoting prostitution, patronizing a prostitute and permitting prostitution; and to amend the correction law, in relation to designating permitting prostitution in the first degree as a sex offense for the purposes of the sex offender registration act
Purpose or general idea of bill
To increase the penalties for prostitution offenses involving children.
Summary of provisions
Section one of the bill amends section 70.02(1)(a), (b), (c), and (d) of the Penal Law to designate various prostitution offenses as violent felony offenses. Specifically, promoting prostitution in the first degree is designated as a Class B violent felony offense, patronizing a prostitute in the first degree and promoting prostitution in the second degree are designated as Class C violent felony offenses, patronizing a prostitute in the second degree and promoting prostitution in the third degree are designated as Class D violent felony offenses, and patronizing a prostitute in the third degree is designated as a Class E violent felony offense.
Read the full memo (836 words)
Section two of the bill makes a conforming amendment to Penal Law section 60.05 to reflect changes made by this bill.
Section three of the bill amends Penal Law section 230.04 to reclassify the offense of patronizing a prostitute in the third degree from a Class A misdemeanor to a Class E felony.
Section four of the bill amends Penal Law section 230.05 to reclassify the offense of patronizing a prostitute in the second degree from a Class E felony to a Class D felony.
Section five of the bill amends Penal Law section 230.06 to reclassify the offense of patronizing a prostitute in the first degree from a Class D to a Class C felony.
Section six of the bill amends Penal Law section 230.40 to reclassify the current offense of permitting prostitution from a Class B misdemeanor to a Class A misdemeanor and to redesignate this offense as permitting prostitution in the second degree.
Section seven of the bill amends Penal Law to add a new section 230.45, which creates a new Class E felony of permitting prostitution in the first degree. This new offense is deemed to occur when a person has possession or control of premises, which he or she knows are being used for prostitution purposes, including the prostitution of a child.
Section eight of the bill amends provisions of the Sexual Offender Registration Act to require any person who has been convicted of the new felony offense of permitting prostitution in the first degree to register as a sex offender.
Section nine of the 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
The crimes of promoting prostitution in the first degree, patronizing a prostitute in the first degree, and promoting prostitution in the second degree are not designated as violent felony offenses in Section 70.02 of the Penal Law. Current law also designates patronizing a prostitute in the third degree as a Class A misdemeanor, patronizing a prostitute in the second degree as a Class E felony, and patronizing a prostitute in the first degree as a Class D felony. Current law prohibits permitting prostitution, but does not distinguish between permitting the prostitution of children under 17 and adults. The current crime of permitting prostitution is a Class B misdemeanor; permitting prostitution in the first degree as defined in this bill is a Class E felony.
Justification
The New York State Division of Criminal Justice Services reports that arrests for sex offenses against children have risen in every year since 1999. In 2000, New York enacted the Sexual Assault Reform Act which increased penalties for sex offenses and revisited definitions of sex offense crimes. However, no changes were made to the penalties for or the definitions of the offenses regarding prostitution, penalties for prostitution offenses remain the same as they were when first defined in 1978 and do not adequately reflect the seriousness of crimes involving the prostitution of children. Increases in penalties are needed to assure that persons that are convicted of these offenses will be appropriately punished and then supervised so that children will be protected from the risk of further offenses by these persons.
These penalties do not adequately reflect the seriousness of crimes involving the prostitution of our children. Increases in penalties are needed to ensure that anyone who is convicted of these offenses will be appropriately punished and then supervised so that children will be protected from the risk of further offenses by these persons.
Prior legislative history
2015-2016: S.2808 - Referred to Codes/A.4034 - Referred to Codes 2013-2014: S.2172-A - Referred to Codes/A.2275-A - Referred to Codes 2011-2012: S.644 - Referred to Codes/A.6165 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.