What's happening
This bill updates New York laws on prostitution, creates new offenses for sexual exploitation of minors, and adds protections for trafficking victims.
Why it matters
Raises the age of criminal liability for prostitution. Individuals under 17 who engage in prostitution will face a lesser charge ("unlawful prostitution," a violation), rather than a misdemeanor, unless they are repeat offenders. This shift recognizes minors as victims rather than criminals and could reduce the number of youth entering the criminal justice system.
Creates harsher penalties for exploiting minors in prostitution. The bill introduces new felony offenses for "sexual exploitation of a child," particularly targeting those who patronize prostitutes under 13 or 11 years old. This escalates legal consequences for adults exploiting very young minors, emphasizing the protection of vulnerable children.
Adds legal protections for trafficking victims. It allows anyone prosecuted for prostitution (including minors) to use being a victim of sex trafficking as an affirmative defense. This could prevent further victimization of trafficking survivors by the legal system and encourage them to seek help.
Broadens the law’s reach and consequences. By updating related laws (e.g., public health, real property, vehicle and traffic), the bill ensures that new offenses and definitions are recognized across housing, licensing, and other regulatory frameworks—potentially impacting property owners, tenants, and commercial drivers connected to prostitution-related crimes.
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Headline styles
Toughen Child Sex Crime Laws
Plain English, a few words. Used as the page title.
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History
- 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.
Strengthen Child Prostitution Laws
Stricken · Sponsor Luis R. Sepúlveda
Full text
7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4937
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, the correction law, the criminal procedure law, the civil rights law, the family court act, the mental hygiene law, the multiple dwelling law, the public health law, the real property actions and proceedings law, the real property law and the vehicle and traffic law, in relation to prostitution offenses and creating the crime of sexual exploitation of a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
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:
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, the correction law, the criminal procedure law, the civil rights law, the family court act, the mental hygiene law, the multiple dwelling law, the public health law, the real property actions and proceedings law, the real property law and the vehicle and traffic law, in relation to prostitution offenses and creating the crime of sexual exploitation of a child
Purpose
The purpose of this bill is to protect children, especially runaway kids who are being turned into sex slaves by parents, pimps and other abusive adults. The bill would ensure that anyone engaging in sexual conduct for a fee with a child, who by law is incapable of consenting to sexual conduct, is punished to the same extent as a person who is charged under current New York law dealing with statutory rape. The bill also provides any sixteen year old child who engages in sexual conduct for a fee and who is a first-time offender with a one-time noncriminal disposition for any charge of prostitution.
Summary of provisions
Section 1. Amends Section 230.00 of the Penal Law. Defines criminal prostitution. Any person who is lawfully able to consent to sexual conduct, who engages in such sexual conduct for a fee is guilty of a class B misdemeanor.
Read the full memo (1,541 words)
Section 2. Amends the Penal Law by adding a new section 230.01. Defines unlawful prostitution. Any person, who is less than the age of seventeen, the age of legal consent to sexual conduct, would be guilty of unlawful prostitution, if such person engages in sexual conduct for a fee. A first offense would be a violation, subsequent offenses by sixteen year olds engaging in prostitution would match the penalty imposed for seventeen year old children and other adults who engage in prostitution.
Section 3 Amends sections 230.05 and 230.06 of the Penal Law in order to conform the age of the person being patronized and the penalties for patronizing such under aged children with the penalties contained in Article 130 of the Penal Law relative to statutory rape
Section 4. Amends the Penal Law by adding a new section 230.06-a. Creates the crime of sexual exploitation of a child. Similar to rape in the first degree and associated sexual conduct involving children ten years old and less as well as certain children aged eleven and twelve, a person patronizing such under aged children would be guilty of a class B felony.
Section 5. Amends section 230.07 of the Penal law. Shifts the burden to the defendant who engaged in the sexual conduct with the under aged person to show, by a preponderance of the evidence, that the defendant did not have reasonable grounds to believe that the person was less than the age specified.
Sections 6, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,26, and 27 are technical amendments.
Section 7. Amends the Penal Law by adding a new section 230.11. Provides an affirmative defense for a victim of sex trafficking to a charge of unlawful prostitution or criminal prostitution.
Section 8. Amends the Penal Law, section 230.03 (2). Increases the penalty for a person who advances or profits from prostitution of a person less than seventeen years old.
Section 9. Amends the Penal Law, section 230.33 Increases the penalty for a person who by force or intimidation compels a less than seventeen years old to engage in prostitution.
Section 15. Amends the Criminal Procedure Law, section 160.10, subdivision 1, paragraph (d) and adds a new paragraph (e). Provides that unlawful prostitution is a finger-printable offense.
Section 28. Effective Date
Existing law
Under existing law persons sixteen years and older, who engage in sexual conduct for a fee, are guilty of a class B misdemeanor. The law does not distinguish between actors who are capable of consent to sexual conduct and those who are not.
Under current law a person who patronizes a prostitute, i.e., pays a fee to engage in sexual conduct is guilty of a class A misdemeanor. Also under current law, any person, including a sixteen year old, who engages in sexual conduct with a minor aged sixteen or younger is guilty of sexual misconduct, a class A misdemeanor.
Under current law an actor 21 years old or more who engages in sexual conduct with a person under the age of seventeen is guilty of a class E felony. If this same individual pays a fee to engage in sexual conduct with a fourteen, fifteen or sixteen year old child, the person is only guilty of a class A misdemeanor.
Under current law, if the actor is eighteen years of age or older and engages in sexual conduct with a person under the age of fifteen the person is guilty of a class D felony. If this same person pays a fee to engage in sexual conduct with a fourteen or thirteen year old child, the person is only guilty of a class E felony.
In addition, under current law it is a B felony for anyone eighteen years of age or over to engage in sexual conduct with a twelve or eleven year old and for anyone criminally responsible to engage in sexual conduct with a child ten years old or younger. However under current law if someone aged eighteen years or older pays a fee to engage in sexual conduct with a twelve or eleven year old child, the person is only guilty of a class E felony. A person who pays a fee to engage in sexual conduct with a child ten years old or younger is only guilty of a class D felony
Under current law a pimp or other person aiding a sixteen or seventeen year old minor to engage in prostitution is guilty of a class D felony. Current law makes this activity a class C felony for aiding children fifteen or younger to engage in prostitution.
Under current law a person who by force or intimidation compels someone fifteen years old or younger to engage in prostitution is guilty of a class B felony.
Justification
Current laws governing statutory rape of a minor child and prostitution by a minor child are at odds. A minor child under the age of eighteen who accepts money or other valuable consideration in exchange for sex is treated just like an adult and charged as a criminal. At the same time, the penal law makes it a crime to engage in sex with a minor under the age of seventeen. Common sense dictates that children, who as a matter of law are incapable of consent to sexual intercourse or anal or oral sexual conduct are actually victims of sexual abuse by virtue of their age. Testimony elicited at a March 2007 Assembly Children and Family Committee sponsored roundtable on sexually exploited children drew attention to this anomaly in state law.
Individuals who engage in criminal sexual conduct with children should not face lesser sentences because they paid for the criminal conduct. Nor should pimps and other criminal sex abusers receive lesser punishment because the minor being sold for sex or forced into such activity is sixteen years old. Sixteen year olds are incapable of consent to sexual conduct as it matter of law and are victims. They deserve the same protections other minor children receive from pimps and other criminal sex abusers.
In addition, the law should make distinctions between children who are incapable of consent as a matter of law and others who can consent to sexual conduct. At the same time, recognizing that the law should not encourage minors under the age of seventeen to engage in sexual conduct and that criminally culpable minors ought to bear some responsibility for engaging in illegal activity, prostitution by criminally culpable minors should continue to be proscribed by the penal law.
In an effort to balance the twin goals of protecting children from sexual exploitation at the hands of pimps and persons patronizing these children as prostitutes and discouraging children from engaging in sexual conduct for money or other valuable consideration, a reduced penalty is proposed for minors, who are a matter of law are incapable of consent to sexual conduct but who engage in this activity in exchange for money or other valuable consideration. Repeat offenders would be subject to the same penalties as under current law.
Legislative history
2016: S.112A - AMEND AND RECOMMIT TO CODES 2015: S.112A - REFERRED TO CODES 2014: S.559A - Amend and Recommit to Codes/A.3174 - Amend and Recommit to Codes 2013: S.559 - Referred to Codes/A.3174 - Referred to Codes 2012: S.116- Referred to Judiciary 2011: S.116 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Judiciary 2009-10: S.1986 Referred to Codes/A.3202 - Referred to Codes 2007-07: S 5455A - Advanced to Third Reading/A 7426A - Amended and Recommitted to Codes
Fiscal implications
None to the State.
Local fiscal implications
Some reduction in local incarceration and probation costs can be expected. In addition a minor reduction in family court and juvenile detention expenditures may occur.
Effective date
Ninety days next succeeding the day 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.