What's happening
This bill expands the definition of promoting prostitution to include advertising sexual services and increases penalties to a class E felony.
Why it matters
Expands criminal liability. By explicitly including advertising sexual services—whether through written materials or electronic communications—in the definition of “promoting prostitution,” the bill targets not just those who physically facilitate sex work, but also those who post or share ads.
Broadens prosecutorial reach. The amendment allows law enforcement and prosecutors to pursue websites, publishers, and individuals who host or distribute ads for sexual services, not just those directly involved in arranging or profiting from prostitution.
Increases potential consequences. By raising the penalty from a misdemeanor to a class E felony, the bill significantly raises the stakes for those accused, with potential impacts on sentencing, employment prospects, and immigration status.
May affect digital and print platforms. The law could have a chilling effect on online platforms, classified ad publishers, or social media sites, prompting them to more actively police—or even restrict—content related to adult services, possibly affecting speech and business practices.
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Who cares
People who distribute paid-sex advertisements
Knowingly issuing, mailing, distributing or transmitting written or electronic advertisements for sexual conduct for a fee would fall under a new definition of promoting prostitution.
People charged with fourth-degree promoting prostitution
The bill would raise the offense from a class A misdemeanor to a class E felony.
District attorneys and criminal defense attorneys
The bill would expand fourth-degree promoting prostitution to cover the newly defined advertising conduct, changing the conduct subject to prosecution and defense.
Headline styles
Toughen Penalties for Prostitution
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–2
- Ordered to third reading cal.2163
- Committee discharged and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4965
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, in relation to the promotion of prostitution
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 230.15 of the penal law is amended by adding a new subdivision 3 to read as follows:
3. "Promote prostitution." A person "promotes prostitution" when he or she knowingly, issues, gives, mails, distributes or transmits any written material or electronic communication which advertises the provision of sexual conduct in return for a fee.
§ 2. Section 230.20 of the penal law, as amended by chapter 215 of the laws of 2011, is amended to read as follows: § 230.20 Promoting prostitution in the fourth degree.
A person is guilty of promoting prostitution in the fourth degree when he or she knowingly:
1. Advances, promotes or profits from prostitution; or
2. With intent to advance, promote or profit from prostitution, distributes or disseminates to ten or more people in a public place obscene material, as such terms are defined by subdivisions one and two of section 235.00 of this title, or material that depicts nudity, as such term is defined by subdivision one of section 245.10 of this part.
Promoting prostitution in the fourth degree is a class [A misdemeanor] E felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07248-01-7
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 the promotion of prostitution
Purpose or general idea of bill
Increases promoting prostitution in the fourth degree from a class A misdemeanor to a class E felony.
Summary of specific provisions
Section 1. Amends the Penal Law, section 230.15. Adds a new subdivision 3. Provides that a person "promotes prostitution" when he or she knowingly, issues, gives, mails, distributes or transmits any written material or electronic communication which advertises the provision of sexual conduct in return for a fee.
Section 2. Amends the Penal Law, section 230.20. Provides that a person is guilty of promoting prostitution in the fourth degree when he or she knowingly advances, promotes or profits from such act promoting prostitution in the fourth degree. Increases the penalty from a class A misdemeanor to a class E felony.
Section 3. Effective Date
Existing law
Article 230 of the Penal Law establishes offenses for prostitution.
Justification
This legislation would create a harsher punishment for anyone who promotes prostitution via mail, written material, electronic communication, video or any other means. The rampant behavior of promoting prostitution particularly in densely populated areas must be punished strongly; thus, the E felony classification.
Prior legislative history
2016: S.270 - REFERRED TO CODES 2015: S.270 - REFERRED TO CODES 2014: S.265 - Referred to Codes 2013: S.265 - Referred to Codes 2012: S.306-A - Amend and recommit to Crime Victims, Crime and Correction/A.4885-A - Amend and recommit to Codes 2011: S.306 - Notice of Committee Consideration Requested, Discharged from Codes and Referred to Crime Victims, Crime and Correction/A.4885 - Referred to Codes 2010: S.2212 - Referred to Codes/A.264 - Enacting Clause Stricken/A.10747 - Referred to Codes 2009: S.2212 - Referred to Codes/A.264 Referred to Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect on the first of November next succeeding the date in 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.