What's happening
This bill expands the definition of promoting prostitution to include advertising sexual services and increases the penalty to a class E felony.
Why it matters
Broadens legal risk for online and offline platforms. By explicitly including advertising sexual services in the definition of promoting prostitution, websites, publishers, or even individuals forwarding such ads could face criminal charges, not just those directly involved in arranging prostitution.
Raises the stakes with harsher penalties. Upgrading the crime from a misdemeanor to a class E felony means significantly longer potential prison sentences and more severe lifelong consequences (e.g., barriers to employment, loss of voting rights).
Signals a policy shift toward combating sex trade infrastructure. The bill targets the broader ecosystem that enables prostitution—including advertising—rather than focusing solely on those directly involved, suggesting a more aggressive approach to curbing the commercial sex trade.
Potential for unintended impacts. The expanded language could also affect harm reduction efforts, outreach, or advocacy communications if they are interpreted as advertising, potentially discouraging organizations from providing support to vulnerable populations.
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Who cares
People distributing prostitution advertisements
Knowingly issuing, mailing, distributing or transmitting written material or electronic communications advertising sexual conduct for a fee would fall under the new definition of promoting prostitution.
People charged with promoting prostitution in the fourth degree
The bill would raise the offense from a class A misdemeanor to a class E felony.
Prosecutors and criminal defense attorneys
The bill would expand fourth-degree promoting prostitution to expressly cover promoting prostitution, alongside advancing or profiting from it.
Headline styles
Toughen Prostitution Promotion Penalties
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7231
IN SENATE
January 4, 2018
Introduced by Sen. PERALTA -- 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
Summary of specific provisions
Section 1: Amends the Penal Law, section 230.15 by adding a new subdivi- sion 3, which provides that a person "promotes prostitution" when he or she knowingly, issues, gives, mails, distributes and/or transmits any written material and/or electronic communication that advertises the provision of sexual conduct in return for a fee.
Section 2: Amends the Penal Law, section 230.20, which 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. Increases the penalty from a Class A Misdemeanor to a Class E Felony.
Section 3: Sets forth the effective date.
Justification
This legislation would create a harsher punishment for anyone who promotes prostitution via mail, written material, electronic communi- cation, video or any other means. The rampant promotion of prostitution, particularly in densely populated areas must be punished strongly; hence, the E Felony classification.
Prior legislative history
2017: S4965 - Passed Senate/No Same As 2016: S270 - Referred to Codes/No Same As 2015: S270 - Referred to Codes/No Same As 2014: S265 - Referred to Codes/No Same As 2013: S265 - Referred to Codes/No Same As 2012: S306A -Amend and recommit to Crime Victims, Crime and Correction/A4885A - Amend and Recommit to Codes 2011: S306 - Committee Discharged and Committed to Crime Victims, Crime and Correction/A4885 - Referred to Codes 2010: S2212 - Referred to Codes/A264 - Enacting Clause Stricken 2009: 52212 - Referred to Codes/A264 - 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 law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.