Rpld S230.07, amd Pen L, generally; amd SS380.50, 440.10 & 700.05, CP L; amd S483-cc, Soc Serv L; amd S10.03,
Ment Hyg L; amd SS168-a & 168-d, Cor L; amd S509-cc, V & T L; amd S2324-a, Pub Health L; amd S715, RPAP L;
amd S231, RP L
Establishes the "trafficking victims protection and justice act"; makes various provisions relating to prostitution offenses; creates crimes of aggravated patronizing a minor for prostitution.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7254
SPONSOR: DiPietro TITLE OF BILL: An act to amend the penal law, the criminal procedure
law, the social services law, the mental hygiene law, the correction
law, the vehicle and traffic law, the public health law, the real prop-
erty actions and proceedings law and the real property law, in relation
to prostitution offenses; and to repeal section 230.07 of the penal law
relating thereto
PURPOSE: This bill improves the state's response to human trafficking
and increases the accountability and penalties for traffickers and pros-
titution and conforming the ages of victims in certain prostitution
offenses under Article 230 of the Penal Law to the ages of victims of
rape offenses under Article 130 of the Penal Law. Additionally, the
bill eliminates the term "prostitute" used in the Penal Law and replaces
it with "person for prostitution."
SUMMARY OF PROVISIONS:
Section 1 provides that the act shall be known and may be cited as the
"trafficking victims protection and justice act".
Section 2 amends section 60.13 of the Penal Law, as added by Chapter 7
of the Laws of 2007, to add aggravated patronizing a minor for prostitu-
tion in the third degree as defined in section 230.11, aggravated
patronizing a minor for prostitution in the second degree as defined in
section 230.12, and aggravated patronizing a minor for prostitution in
the first degree as defined in section 230.13, as felony sex offenses.
Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the
Penal Law, as amended by Chapter 320 of the Laws of 2006, to add sex
trafficking and compelling prostitution as defined in section 230.34 and
230.33 as Class B violent felonies.
Section 4 amends paragraph (a) of subdivision I of section 70.80 of the
Penal Law, as added by Chapter 7 of the Laws of 2007, to add patronizing
a person for prostitution in the second degree, aggravated patronizing a
minor for prostitution in the third degree, aggravated patronizing a
minor for prostitution in the second degree and aggravated patronizing a
minor for prostitution in the first degree as felony sex offenses.
Section 5 amends section 135.35 of the Penal Law, as added by Chapter 74
of the Laws of 2007, to provide that labor trafficking is a Class B
felony, in lieu of a Class D felony.
Section 6 amends section 230.02 of the Penal Law, as amended by Chapter
627 of the Laws of 1978, to replace the term "prostitute" with "person
for prostitution" and to make the section gender neutral.
Section 7 amends subdivision 2 of section 230.03 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to provide that the definition
of school zone also applies for purposes of section 230.08, patronizing
a person for prostitution in a school zone.
Section 8 repeals section 230.07 of the Penal Law and amends the Penal
Law by adding a new section 230.08 to provide a new offense, patronizing
a person for prostitution in a school zone, A person is guilty of
patronizing a person for prostitution in a school zone when he or she
commits the crime of patronizing a person for prostitution in violation
of section 230.04, 230.05 or 230.06 of the Penal Law in a school zone
during the hours that school is in session. This section provides that
patronizing a person for prostitution in a school zone is a Class E
felony.
Section 9 amends section 230.04 of the Penal Law, as amended by Chapter
74 of the Laws of 2007, to replace the term "prostitute" with "person
for prostitution."
Section 10 amends section 230.05 of the Penal Law, as amended by Chapter
627 of the Laws of 1978, to provide that a person is guilty of patroniz-
ing a person for prostitution in the second degree when being 18 years
old or more, he or she patronizes a person for prostitution and the
person patronized is less than 15 years old. Current law provides that a
person is guilty of this offense where he or she is over 18 and the
person patronized is less than 14 years old. The section also replaces
the term "prostitute" with "person for prostitution" and makes the
section gender neutral.
Section 11 amends section 230.06 of the Penal Law, as added by Chapter
627 of the Laws of 1978, to add that a person is guilty of patronizing a
person for prostitution in the first degree when being 18 years old or
more he or she patronizes a person for prostitution and the person
patronized is less than 13 years old. The section also replaces the term
"prostitute" with "person for prostitution" and makes the section gender
neutral.
Section 12 amends section 230.10 of the Penal Law to replace the term
"prostitute" with "person for prostitution."
Section 13 amends the Penal Law by adding three new sections 230.11,
230.12 and 230.13. New section 230.11 creates the new offense of aggra-
vated 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 21 years old or more, he or she patronizes
a person for prostitution and the person patronized is less than 18
years old and the person guilty of patronizing engages in sexual inter-
course, oral sexual conduct, anal sexual conduct, or aggravated sexual
conduct. Aggravated patronizing a minor for prostitution in the third
degree is a Class B felony. New section 230.12 creates the new offense
of 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 18 years old or more, he or she patron-
izes a person for prostitution and the person patronized is less than 15
years old and the person guilty of patronizing engages in sexual inter-
course, oral sexual conduct, anal sexual conduct, or aggravated sexual
conduct. Aggravated patronizing a minor for prostitution in the second
degree is a Class D felony.
New section 230.13 creates the new offense of aggravated patronizing a
minor for prostitution in the first degree. A person is guilty of aggra-
vated patronizing a minor for prostitution in the first degree, when he
or she patronizes a person for prostitution and the person patronized is
less than 11 years old, or the person patronized is less than 13 years
old and the person patronizing a person for prostitution is 18 years old
or more, and in either case the person guilty of patronizing engages in
sexual intercourse, oral sexual conduct, anal sexual conduct, or aggra-
vated sexual conduct. Aggravated patronizing a minor for prostitution
in the first degree is a Class B felony.
Section 14 amends subdivisions 1 and 2 of section 230.15 of the Penal
Law to replace the term "prostitute" with "person for prostitution" and
makes the section gender neutral.
Section 15 amends subdivision 1 of section 230.19 of the Penal Law, as
added by Chapter 191 of the Laws of 2011, to eliminate the mens rea
requirement that a person knows that prostitution will be committed in
violation of article 230.03 so that a person is guilty of promoting
prostitution in a school zone when, being 19 years old or more, he or
she knowingly advances or profits from prostitution in a school zone
during the hours that school is in session.
Section 16 amends the opening paragraph and subdivisions 1 and 2 of
section 230.25 of the Penal Law, the opening paragraph and subdivision 2
as amended by Chapter 627 of the Laws of 1978 and subdivision 1 as
amended by Chapter 74 of the Laws of 2007, to add that a person is guil-
ty of promoting prostitution in the third degree when he-or she profits
from prostitution by engaging, either alone or in association with
others, in a business or enterprise consisting of the transporting of a
person or persons for the purposes of prostitution. The section also
replaces the term "prostitute" with "person for prostitution" and makes
the section gender neutral.
Section 17 amends the opening paragraph of section 230.30 of the Penal
Law, as amended by Chapter 627 of the Laws of 1978, to make the section
gender neutral.
Section 18 amends section 230.32 of the Penal Law, as added by Chapter
627 of the Laws of 1978, by providing that a person is guilty of promot-
ing prostitution in the first degree when he or she knowingly advances
or profits from prostitution of a person less than 13 years old, in lieu
of less than 11 years old.
Section 19 amends section 230.33 of the Penal Law, as added by Chapter
450 of the Laws of 2005, by providing that a person is guilty of compel-
ling prostitution when, being 21 years old or more, he or she knowingly
advances prostitution by compelling by force or intimidation a person
less than 18 years old, in lieu of less than 16 years old, to engage in
prostitution.
Section 20 amends subdivision 1 and paragraph (h) of subdivision 5 of
section 230.34 of the Penal Law, as added by Chapter 74 of the Laws of
2007, by adding to the substances that are unlawfully provided to a
person who is patronized with intent to impair such person's judgment
marijuana and methylenedioxymethamphetamine (MDMA), also known as Ecsta-
sy, The section also adds a new subdivision 6 to provide that a person
is guilty of sex trafficking if he or she intentionally advances or
profits from prostitution by knowingly advancing prostitution, of a
person less than 18 years old.
Section 21 amends section 230,35 of the Penal Law, as amended by Chapter
450 of the Laws of 2005, by providing that in a prosecution for promot-
ing prostitution or compelling prostitution, a person less than 18 years
old from whose prostitution activity another person is alleged to have
advance or attempted to advance or profited or attempted to profit shall
not be deemed to be an accomplice. Current law provides that a person
less than 17 years old. under such circumstances shall not be deemed an
accomplice.
Section 22 amends section 230.40 of the Penal Law to add that a person
is guilty of permitting prostitution when, having possession or control
of a vehicle that he or she knows is being used for prostitution or for
the purpose of advancing prostitution, he or she fails to make reason-
able effort to halt or abate such use.
Section 23 amends subdivision 2 of section 240.37 of the Penal Law, as
added by Chapter 344 of the Laws of 1976, and adds a new subdivision 3
to add that any person who remains or wanders about in a public place
and repeatedly beckons to, or repeatedly stops, or repeatedly attempts
to step, 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
patronizing a person for prostitution is guilty of a violation and is
guilty of a Class B misdemeanor if such person has previously been
convicted of a violation of this section or of sections 230.04, 230.05,
230.06 or 230.08 of the Penal Law.
Section 24 amends subdivision 6 of section 380.50 of the Criminal Proce-
dure Law, as amended by Chapter 320 of the Laws of 2006, to add to the
list of enumerated offenses for which a defendant is sentenced offenses
under sections 230.04, patronizing a person for prostitution in the
third degree, 230.08, patronizing a person for prostitution in a school
zone, 230.11, aggravated patronizing a minor for prostitution in the
third degree, 230.12, aggravated patronizing a minor for prostitution in
the second degree, and 230.13, aggravated patronizing a minor for pros-
titution in the first degree, wherein the prosecutor shall, within 60
days of the imposition of sentence provide the victim with a form on
which the victim may indicate a demand to be informed of any petition to
change the name of such defendant.
Section 25 amends subdivision 1 of section 440.10 of the Criminal Proce-
dure Law, as added by Chapter 332 of the Laws of 2010, to replace the
term "prostitute" with "person for prostitution."
Section 26 amends paragraph (h) of subdivision 8 of section 700.05 of
the Criminal Procedure Law, as amended by Chapter 154 of the Laws of
1980, to include, promoting prostitution in the third degree as defined
in section 230.25 of the Penal Law in the definition of "designated
offense."
Section 27 amends subdivision (a) of section 483-c of the Social
Services Law, as added by Chapter 74 of the Laws of 2007, to add that an
established provider of social or legal services designated by the
Office of Temporary and Disability Assistance (OTDA) or the Office for
the Prevention of Domestic Violence is authorized to notify OTDA and the
Division of Criminal Justice Services that a person who reasonably
appears to be a human trafficking victim may be eligible for services
under this article.
Section 28 amends subdivision (p) of section 10.03 of the Mental Hygiene
Law, as added by Chapter 7 of the Laws of 2007, to add as a sex offense
aggravated patronizing a minor for prostitution in the first degree
under 230.13 of the Penal Law, aggravated patronizing a minor for pros-
titution in the second degree under section 230.12 of the Penal Law, and
aggravated patronizing a minor for prostitution in the third degree
under section 230.11 of the Penal Law.
Section 29 amends subparagraph (i) of paragraph (a) of subdivision 2 of
section 168-a of the Correction Law, as amended by Chapter 405 of the
Laws of 2008, to add as a sex offense patronizing a person for prostitu-
tion in a school zone under section 230.08 of the Penal Law, aggravated
patronizing a minor for prostitution in the third degree under 230.21 of
the Penal Law, aggravated patronizing a minor for prostitution in the
second degree under section 230.12 of the Penal Law, and aggravated
patronizing a minor for prostitution in the first degree under section
230.13 of the Penal Law, sex trafficking under section 230.34 of the
Penal Law, and promoting prostitution in the third degree under section
230.25 of the Penal Law where the person prostituted is in fact less
than 17 years old.
Section 30 amends paragraph (b) of subdivision 1 of section 168-d of the
Correction Law, as amended by Chapter 74 of the Laws of 2007, to add to
the offenses of which a defendant is convicted patronizing a person for
prostitution in the second degree under section 230.05 of the Penal Law,
patronizing a person for prostitution in the first degree under section
230.06 of the Penal Law, patronizing a person for prostitution in a
school zone under section 230,08 of the Penal Law, aggravated patroniz-
ing a minor for prostitution in the first degree under 230.13 of the
Penal Law, aggravated patronizing a minor for prostitution in the second
degree under section 230.12 of the Penal Law, and aggravated patronizing
JUSTIFICATION: Since 2007, New York State has taken significant meas-
ures to hold accountable sex and labor traffickers, sex tourism opera-
tors and others who organize, promote, advance, support and patronize
the trafficking industry. The State has also taken important steps in
recent years to acknowledge that many individuals facing prosecution for
engaging in prostitution are, in fact, victims of human trafficking.
This legislation improves in several significant ways the State's
response to human trafficking by enhancing penalties and protecting
victims of trafficking, particularly in instances of commercial sexual
exploitation of children, and increasing the accountability of buyers
and traffickers who are fueling the growth of this massive underground
industry.
LEGISLATIVE HISTORY: S7212-A (Saland) 2012, passed Senate. Similar
to A.245A, 2012 and 2011, referred to Codes. Similar to A.802, 2010 and
2009, referred to Codes. Similar to A.10958, 2008, referred to Codes.
Similar to S.7986 (Saland) 2008, passed Senate.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The act shall take effect on the ninetieth day after
it shall have become law
