What's happening
This bill decriminalizes sex work in New York, vacates past prostitution-related convictions, and updates related laws accordingly.
Why it matters
Shifts legal focus from consensual sex work to exploitation and trafficking. By repealing criminal penalties for consensual adult sex work while retaining and strengthening penalties for sex trafficking, exploitation of minors, and coercion, the bill refocuses law enforcement and judicial resources on combating real harm rather than consensual acts.
Addresses long-term consequences of criminalization. By vacating and sealing old prostitution-related convictions, the bill aims to remove significant barriers to employment, housing, and immigration status for thousands of people, especially impacting marginalized communities historically targeted by these laws.
Reduces risk of police abuse and improves public health. Decriminalization is likely to reduce police harassment, extortion, and violence against sex workers, while making it easier for them to seek protection from violence and access health and social services without fear of arrest.
Limits use of nuisance and property laws against sex workers and their associates. By updating references in civil, administrative, and property law, the bill prevents landlords, business owners, and drivers from being penalized solely for suspected sex work on their premises or in their vehicles, reducing collateral harms and housing instability.
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Headline styles
Decriminalize Sex Work
Plain English, a few words. Used as the page title.
Sponsors
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.
Decriminalize Sex Work
In Senate Committee · Codes · Sponsor Julia Salazar
Full text
13 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 6419 A. 8230
2019-2020 Regular Sessions
SENATE - ASSEMBLY
June 10, 2019
IN SENATE -- Introduced by Sens. SALAZAR, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, NIOU, KIM, QUART, CRUZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to decriminalizing sex work; and to repeal certain provisions of such law relating to prostitution (Part A); to amend the criminal procedure law, the civil practice law and rules, the social services law, and the… Show allHide
AN ACT to amend the penal law, in relation to decriminalizing sex work; and to repeal certain provisions of such law relating to prostitution (Part A); to amend the criminal procedure law, the civil practice law and rules, the social services law, and the administrative code of the city of New York, in relation to eliminating prior criminal records and making other related changes; and to repeal certain provisions of the criminal procedure law relating to the prosecution of prostitution offenses (Part B); and to amend the multiple dwelling law, the public health law, the real property actions and proceedings law, the real property law, the vehicle and traffic law, and the administrative code of the city of New York, in relation to making conforming changes (Part C)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act enacts into law major components of legislation relating to the decriminalization of certain prostitution offenses. Each component of this act is wholly contained within a Part identified as Parts A through C. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13065-01-9
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PART A
DECRIMINALIZATION
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; definitions.
[A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
Prostitution is a class B Misdemeanor]
As used in this chapter, the following terms have the following meanings:
1. "Prostitution" means engaging or agreeing to engage in sexual conduct with another person in return for a fee.
2. A person "patronizes a person for prostitution" when: (a) pursuant to a prior understanding, the actor pays a fee to another person as compensation for such other person or a third person having engaged in sexual conduct with the actor; or
(b) the person pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such other person or a third person will engage in sexual conduct with the actor; or
(c) the person solicits or requests another person to engage in sexual conduct with the actor in return for a fee.
3. "Person who is patronized" means the person with whom the actor engaged in sexual conduct or was to have engaged in sexual conduct pursuant to the understanding, or the person who was solicited or requested by the actor to engage in sexual conduct.
4. "School zone" means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any public sidewalk, street, parking lot, park, playground or private land, located immediately adjacent to the boundary line of such school.
5. (a) "Advance prostitution." A person "advances prostitution" when, acting other than as a person in prostitution or as a patron thereof, and with intent to cause prostitution, the actor directly engages in conduct that facilitates an act or enterprise of prostitution.
(b) Conduct by a person under twenty-one years of age shall not constitute advancing prostitution unless the person participated in compulsion by force or intimidation or in sex trafficking, or the person whose prostitution was advanced is under seventeen years of age.
6. "Profit from prostitution." A person profits from prostitution when, acting other than as a person in prostitution receiving compensation for personally rendered prostitution services, the actor accepts or receives money or other property pursuant to an agreement or understanding with any person whereby the actor participates or is to participate in the proceeds of prostitution activity.
§ 2. Section 230.01 of the penal law, as amended by chapter 189 of the laws of 2018, is amended to read as follows: § 230.01 Prostitution; affirmative defense.
In any prosecution under [section 230.00,] section 230.03, section 230.19, [230.20, subdivision 2 of section 230.25,] subdivision 2 of section 230.30, or section 230.34-a [or subdivision two of section 240.37] of this [part] article, it is an affirmative defense that the defendant's participation in the offense was a result of having been a victim of compelling prostitution under section 230.33, a victim of sex
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trafficking under section 230.34 of this article, a victim of sex trafficking of a child under section 230.34-a of this article or a victim of trafficking in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).
§ 3. Section 230.02 of the penal law is REPEALED.
§ 4. Section 230.03 of the penal law, as added by chapter 191 of the laws of 2011, subdivision 2 as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.03 Prostitution in a school zone.
[1.] A person is guilty of prostitution in a school zone when, being nineteen years of age or older, and acting during the hours that school is in session, [he or she] the actor commits [the crime] an act of prostitution [in violation of section 230.00 of this article] at a place that [he or she] the actor knows, or reasonably should know, is in a school zone, and [he or she] the actor knows, or reasonably should know, that such act of prostitution is within the direct view of children attending such school.
[2. For the purposes of this section, section 230.08 and section 230.19 of this article, "school zone" means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any public sidewalk, street, parking lot, park, playground or private land, located immediately adjacent to the boundary line of such school.]
Prostitution in a school zone is a class A misdemeanor.
§ 5. Sections 230.04, 230.05, 230.06, 230.07 and 230.08 of the penal law, as amended by chapter 368 of the laws of 2015, are amended to read as follows: § 230.04 Patronizing a person for prostitution in the third degree.
A person is guilty of patronizing a person for prostitution in the third degree when [he or she] the actor patronizes a person for prostitution and the person patronized is less than eighteen years old.
Patronizing a person for prostitution in the third degree is a class A misdemeanor. § 230.05 Patronizing a person for prostitution in the second degree.
A person is guilty of patronizing a person for prostitution in the second degree when, being eighteen years old or more, [he or she] the actor patronizes a person for prostitution and the person patronized is less than fifteen 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] The actor patronizes a person for prostitution and the person patronized is less than eleven years old; or
2. Being eighteen years old or more, [he or she] the actor patronizes a person for prostitution and the person patronized is less than thirteen years old.
Patronizing a person for prostitution in the first degree is a class D felony. § 230.07 Patronizing a person for prostitution; defense.
In any prosecution for patronizing a person for prostitution in the first [or], second or third degrees or patronizing a person for prostitution in a school zone, it is a defense that the defendant did not have
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reasonable grounds to believe that the person was less than the age specified. § 230.08 Patronizing a person for prostitution in a school zone.
[1.] A person is guilty of patronizing a person for prostitution in a school zone when, being twenty-one years old or more, [he or she] the actor patronizes a person for prostitution and the person patronized is less than eighteen years old at a place that [he or she] the actor knows, or reasonably should know, is in a school zone.
[2. For purposes of this section, "school zone" shall mean "school zone" as defined in subdivision two of section 230.03 of this article.]
Patronizing a person for prostitution in a school zone is a class E felony.
§ 6. Section 230.10 of the penal law, the section heading and the opening paragraph as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.10 Prostitution and patronizing a person for prostitution; no
defense.
In any prosecution for prostitution or patronizing a person for prostitution, the sex of [the two] any of the parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial[, and it is no defense that:
1. Such persons were of the same sex; or
2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female].
§ 7. Sections 230.11, 230.12 and 230.13 of the penal law, as added by chapter 368 of the laws of 2015, are amended to read as follows: § 230.11 Aggravated patronizing a minor for prostitution in the third
degree.
A person is guilty of aggravated patronizing a minor for prostitution in the third degree when, being twenty-one years old or more, [he or she] the actor patronizes a person for prostitution and the person patronized is less than seventeen years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct as those terms are defined in section 130.00 of this part, with the person patronized.
Aggravated patronizing a minor for prostitution in the third degree is a class E felony. § 230.12 Aggravated patronizing a minor for prostitution in the second
degree.
A person is guilty of aggravated patronizing a minor for prostitution in the second degree when, being eighteen years old or more, [he or she] the actor patronizes a person for prostitution and the person patronized is less than fifteen years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct as those terms are defined in section 130.00 of this part, with the person patronized.
Aggravated patronizing a minor for prostitution in the second degree is a class D felony. § 230.13 Aggravated patronizing a minor for prostitution in the first
degree.
A person is guilty of aggravated patronizing a minor for prostitution in the first degree when [he or she] the actor patronizes a person for prostitution and the person patronized is less than eleven years old, or being eighteen years old or more, [he or she] the actor patronizes a person for prostitution and the person patronized is less than thirteen
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years old, and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct as those terms are defined in section 130.00 of this part, with the person patronized.
Aggravated patronizing a minor for prostitution in the first degree is a class B felony.
§ 8. Section 230.15 of the penal law is REPEALED.
§ 9. Section 230.19 of the penal law, as added by chapter 191 of the laws of 2011, subdivision 1 as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.19 Promoting prostitution in a school zone.
[1.] A person is guilty of promoting prostitution in a school zone when, being nineteen years old or more, [he or she] the actor knowingly advances or profits from prostitution that [he or she] the actor knows or reasonably should know is or will be committed in violation of section 230.03 of this article in a school zone during the hours that school is in session.
[2. For purposes of this section, "school zone" shall mean "school zone" as defined in subdivision two of section 230.03 of this article.]
Promoting prostitution in a school zone is a class E felony.
§ 10. Sections 230.20 and 230.25 of the penal law are REPEALED.
§ 11. Section 230.30 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.30 Promoting prostitution in the second degree.
A person is guilty of promoting prostitution in the second degree when [he or she] the actor knowingly:
1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
2. Advances or profits from prostitution of a person less than eighteen years old.
Promoting prostitution in the second degree is a class C felony.
§ 12. Section 230.32 of the penal law, as added by chapter 627 of the laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.32 Promoting prostitution in the first degree.
A person is guilty of promoting prostitution in the first degree when [he or she] the actor:
1. knowingly advances or profits from prostitution of a person less than thirteen years old; or
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