STATE OF NEW YORK
________________________________________________________________________
112--A
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 2015
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, the correction law, the criminal proce-
dure 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 Assem-bly, do enact as follows:
1 Section 1. Section 230.00 of the penal law, as amended by chapter 169
2 of the laws of 1969, is amended to read as follows:
3 § 230.00 [Prostitution] Criminal prostitution.
4 A person is guilty of criminal prostitution when, being seventeen
5 years old or more, such person engages or agrees or offers to engage in
6 sexual conduct with another person in return for a fee.
7 [Prostitution] Criminal prostitution is a class B [Misdemeanor] misde-
8 meanor.
9 § 2. The penal law is amended by adding a new section 230.00-a to read
10 as follows:
11 § 230.00-a Unlawful prostitution.
12 A person is guilty of unlawful prostitution when, being less than
13 seventeen years old, such person engages or agrees or offers to engage
14 in sexual conduct with another person in return for a fee.
15 Unlawful prostitution is a violation, provided, however, that any
16 person who has previously been convicted of a crime defined in this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00900-02-6
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1 article or section 240.37 of this part shall be guilty of a class B
2 misdemeanor.
3 § 3. Sections 230.05 and 230.06 of the penal law, as amended by chap-
4 ter 368 of the laws of 2015, are amended to read as follows:
5 § 230.05 Patronizing a person for prostitution in the second degree.
6 A person is guilty of patronizing a person for prostitution in the
7 second degree when, being [eighteen] twenty-one years old or more, he or
8 she patronizes a person for prostitution and the person patronized is
9 less than [fifteen] seventeen years old.
10 Patronizing a person for prostitution in the second degree is a class
11 E felony.
12 § 230.06 Patronizing a person for prostitution in the first degree.
13 A person is guilty of patronizing a person for prostitution in the
14 first degree when[:
15 1. He or she patronizes a person for prostitution and the person
16 patronized is less than eleven years old; or
17 2. Being] being eighteen years old or more, he or she patronizes a
18 person for prostitution and the person patronized is less than [thir-
19 teen] fifteen years old.
20 Patronizing a person for prostitution in the first degree is a class D
21 felony.
22 § 4. The penal law is amended by adding a new section 230.06-a to read
23 as follows:
24 § 230.06-a Sexual exploitation of a child.
25 A person is guilty of sexual exploitation of a child when:
26 1. Being eighteen years of age or more he or she patronizes a prosti-
27 tute and the person patronized is less than thirteen years of age; or
28 2. He or she patronizes a prostitute and the person patronized is less
29 than eleven years of age.
30 Sexual exploitation of a child is a class B felony.
31 § 5. Section 230.07 of the penal law, as amended by chapter 368 of the
32 laws of 2015, is amended to read as follows:
33 § 230.07 Patronizing a person for prostitution; defense.
34 In any prosecution for patronizing a person for prostitution in the
35 first or second degrees, sexual exploitation of a child or patronizing a
36 person for prostitution in a school zone, it is [a] an affirmative
37 defense that the defendant did not have reasonable grounds to believe
38 that the person was less than the age specified.
39 § 6. The opening paragraph of section 230.10 of the penal law, as
40 amended by chapter 368 of the laws of 2015, is amended to read as
41 follows:
42 In any prosecution for sexual exploitation of a child, prostitution or
43 patronizing a person for prostitution, the sex of the two parties or
44 prospective parties to the sexual conduct engaged in, contemplated or
45 solicited is immaterial, and it is no defense that:
46 § 7. The penal law is amended by adding a new section 230.14 to read
47 as follows:
48 § 230.14 Prostitution; defense.
49 In any prosecution for unlawful prostitution or criminal prostitution,
50 it is an affirmative defense that the defendant is a victim of sex traf-
51 ficking.
52 § 8. Subdivision 2 of section 240.37 of the penal law, as amended by
53 chapter 368 of the laws of 2015, is amended to read as follows:
54 2. Any person who remains or wanders about in a public place and
55 repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
56 stop, or repeatedly attempts to engage passers-by in conversation, or
S. 112--A 3
1 repeatedly stops or attempts to stop motor vehicles, or repeatedly
2 interferes with the free passage of other persons, for the purpose of
3 prostitution as that term is defined in article two hundred thirty of
4 this part, shall be guilty of a violation and is guilty of a class B
5 misdemeanor if such person has previously been convicted of a violation
6 of this section or of section 230.00 or 230.00-a of this part.
7 § 9. Section 60.13 of the penal law, as amended by chapter 368 of the
8 laws of 2015, is amended to read as follows:
9 § 60.13 Authorized dispositions; felony sex offenses.
10 When a person is to be sentenced upon a conviction for any felony
11 defined in article one hundred thirty of this chapter, including a sexu-
12 ally motivated felony, or patronizing a person for prostitution in the
13 first degree as defined in section 230.06 of this chapter, sexual
14 exploitation of a child as defined in section 230.06-a of this chapter,
15 aggravated patronizing a minor for prostitution in the third degree as
16 defined in section 230.11 of this chapter, aggravated patronizing a
17 minor for prostitution in the second degree as defined in section 230.12
18 of this chapter, aggravated patronizing a minor for prostitution in the
19 first degree as defined in section 230.13 of this chapter, incest in the
20 second degree as defined in section 255.26 of this chapter, or incest in
21 the first degree as defined in section 255.27 of this chapter, or a
22 felony attempt or conspiracy to commit any of these crimes, the court
23 must sentence the defendant in accordance with the provisions of section
24 70.80 of this title.
25 § 10. Paragraph (a) of subdivision 1 of section 70.80 of the penal
26 law, as amended by chapter 368 of the laws of 2015, is amended to read
27 as follows:
28 (a) For the purposes of this section, a "felony sex offense" means a
29 conviction of any felony defined in article one hundred thirty of this
30 chapter, including a sexually motivated felony, or patronizing a person
31 for prostitution in the first degree as defined in section 230.06 of
32 this chapter, patronizing a person for prostitution in the second degree
33 as defined in section 230.05 of this chapter, sexual exploitation of a
34 child as defined in section 230.06-a of this chapter, aggravated patron-
35 izing a minor for prostitution in the third degree as defined in section
36 230.11 of this chapter, aggravated patronizing a minor for prostitution
37 in the second degree as defined in section 230.12 of this chapter,
38 aggravated patronizing a minor for prostitution in the first degree as
39 defined in section 230.13 of this chapter, incest in the second degree
40 as defined in section 255.26 of this chapter, or incest in the first
41 degree as defined in section 255.27 of this chapter, or a felony attempt
42 or conspiracy to commit any of the above.
43 § 11. Subparagraph (i) of paragraph (a) of subdivision 2 of section
44 168-a of the correction law, as amended by chapter 368 of the laws of
45 2015, is amended to read as follows:
46 (i) a conviction of or a conviction for an attempt to commit any of
47 the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40,
48 130.45, 130.60, 230.34, 250.50, 255.25, 255.26 and 255.27 or article two
49 hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20
50 or 135.25 of such law relating to kidnapping offenses, provided the
51 victim of such kidnapping or related offense is less than seventeen
52 years old and the offender is not the parent of the victim, or section
53 230.04, where the person patronized is in fact less than seventeen years
54 of age, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision
55 two of section 230.30, section 230.32, 230.33, or 230.34 of the penal
S. 112--A 4
1 law, or section 230.25 of the penal law where the person prostituted is
2 in fact less than seventeen years old, or
3 § 12. Subdivision 2 of section 60.42 of the criminal procedure law, as
4 added by chapter 230 of the laws of 1975, is amended to read as follows:
5 2. proves or tends to prove that the victim has been convicted of an
6 offense under section 230.00 or 230.00-a of the penal law within three
7 years prior to the sex offense which is the subject of the prosecution;
8 or
9 § 13. Paragraph (d) of subdivision 1 of section 160.10 of the criminal
10 procedure law, as amended by chapter 232 of the laws of 2010, is amended
11 and a new paragraph (e) is added to read as follows:
12 (d) Loitering for the purpose of engaging in a prostitution offense
13 as defined in subdivision two of section 240.37 of the penal law[.]; or
14 (e) Unlawful prostitution as defined in section 230.00-a of the penal
15 law.
16 § 14. Subdivision 6 of section 380.50 of the criminal procedure law,
17 as separately amended by chapters 368 and 394 of the laws of 2015, is
18 amended to read as follows:
19 6. Regardless of whether the victim requests to make a statement with
20 regard to the defendant's sentence, where the defendant is sentenced for
21 a violent felony offense as defined in section 70.02 of the penal law or
22 a felony defined in article one hundred twenty-five of such law or any
23 of the following provisions of such law sections 130.25, 130.30, 130.40,
24 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
25 135.25, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, subdivision
26 two of section 230.30 or 230.32, the prosecutor shall, within sixty days
27 of the imposition of sentence, provide the victim with a form, prepared
28 and distributed by the commissioner of the division of criminal justice
29 services, in consultation with the director of the office of victim
30 services, on which the victim may indicate a demand to be informed of
31 any petition to change the name of such defendant. Such forms shall be
32 maintained by such prosecutor. Upon receipt of a notice of a petition to
33 change the name of any such defendant, pursuant to subdivision two of
34 section sixty-two of the civil rights law, the prosecutor shall promptly
35 notify the victim at the most current address or telephone number
36 provided by such victim in the most reasonable and expedient possible
37 manner of the time and place such petition will be presented to the
38 court.
39 § 15. Subdivision 2 of section 61 of the civil rights law, as amended
40 by section 54 of subpart B of part C of chapter 62 of the laws of 2011,
41 is amended to read as follows:
42 2. If the petitioner stands convicted of a violent felony offense as
43 defined in section 70.02 of the penal law or a felony defined in article
44 one hundred twenty-five of such law or any of the following provisions
45 of such law sections 130.25, 130.30, 130.40, 130.45, 255.25, 255.26,
46 255.27, article two hundred sixty-three, 135.10, 135.25, 230.05, 230.06,
47 230.06-a, subdivision two of section 230.30 or 230.32, and is currently
48 confined as an inmate in any correctional facility or currently under
49 the supervision of the department of corrections and community super-
50 vision or a county probation department as a result of such conviction,
51 the petition shall for each such conviction specify such felony
52 conviction, the date of such conviction or convictions, and the court in
53 which such conviction or convictions were entered.
54 § 16. Subdivision 2 of section 62 of the civil rights law, as amended
55 by section 55 of subpart B of part C of chapter 62 of the laws of 2011,
56 is amended to read as follows:
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1 2. If the petition be to change the name of a person currently
2 confined as an inmate in any correctional facility or currently under
3 the supervision of the department of corrections and community super-
4 vision or a county probation department as a result of a conviction for
5 a violent felony offense as defined in section 70.02 of the penal law or
6 a felony defined in article one hundred twenty-five of such law or any
7 of the following provisions of such law sections 130.25, 130.30, 130.40,
8 130.45, 255.25, 255.26, 255.27, article two hundred sixty-three, 135.10,
9 135.25, 230.05, 230.06, 230.06-a, subdivision two of section 230.30 or
10 230.32, notice of the time and place when and where the petition will be
11 presented shall be served, in like manner as a notice of a motion upon
12 an attorney in an action, upon the district attorney of every county in
13 which such person has been convicted of such felony and upon the court
14 or courts in which the sentence for such felony was entered. Unless a
15 shorter period of time is ordered by the court, said notice shall be
16 served upon each such district attorney and court or courts not less
17 than sixty days prior to the date on which such petition is noticed to
18 be heard.
19 § 17. The closing paragraph of section 64 of the civil rights law, as
20 separately amended by chapters 258, 320 and 481 of the laws of 2006, is
21 amended to read as follows:
22 Upon compliance with the order and the filing of the affidavit of the
23 publication, as provided in this section, the clerk of the court in
24 which the order has been entered shall certify that the order has been
25 complied with; and, if the petition states that the petitioner stands
26 convicted of a violent felony offense as defined in section 70.02 of the
27 penal law or a felony defined in article one hundred twenty-five of such
28 law or any of the following provisions of such law sections 130.25,
29 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred
30 sixty-three, 135.10, 135.25, 230.05, 230.06, 230.06-a, subdivision two
31 of section 230.30 or 230.32, such clerk (1) shall deliver, by first
32 class mail, a copy of such certified order to the division of criminal
33 justice services at its office in the county of Albany and (2) upon the
34 clerk of the court reviewing the petitioner's application for name
35 change and subsequent in-court inquiry, may, in the clerk's discretion,
36 deliver, by first class mail, the petitioner's new name with such certi-
37 fied order to the court of competent jurisdiction which imposed the
38 orders of support. Such certification shall appear on the original
39 order and on any certified copy thereof and shall be entered in the
40 clerk's minutes of the proceeding.
41 § 18. Subdivision 2 of section 344.4 of the family court act, as added
42 by chapter 761 of the laws of 1987, is amended to read as follows:
43 2. proves or tends to prove that the victim has been convicted of an
44 offense under section 230.00 or 230.00-a of the penal law within three
45 years prior to the sex offense which is the subject of the juvenile
46 delinquency proceeding; or
47 § 19. Subdivision (p) of section 10.03 of the mental hygiene law, as
48 amended by chapter 368 of the laws of 2015, is amended to read as
49 follows:
50 (p) "Sex offense" means an act or acts constituting: (1) any felony
51 defined in article one hundred thirty of the penal law, including a
52 sexually motivated felony; (2) patronizing a person for prostitution in
53 the first degree as defined in section 230.06 of the penal law, sexual
54 exploitation of a child as defined in section 230.06-a of the penal law,
55 aggravated patronizing a minor for prostitution in the first degree as
56 defined in section 230.13 of the penal law, aggravated patronizing a
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1 minor for prostitution in the second degree as defined in section 230.12
2 of the penal law, aggravated patronizing a minor for prostitution in the
3 third degree as defined in section 230.11 of the penal law, incest in
4 the second degree as defined in section 255.26 of the penal law, or
5 incest in the first degree as defined in section 255.27 of the penal
6 law; (3) a felony attempt or conspiracy to commit any of the foregoing
7 offenses set forth in this subdivision; or (4) a designated felony, as
8 defined in subdivision (f) of this section, if sexually motivated and
9 committed prior to the effective date of this article.
10 § 20. Subdivision 2 of section 353 of the multiple dwelling law, as
11 amended by chapter 680 of the laws of 1967, is amended to read as
12 follows:
13 2. If there be two or more convictions in such dwelling within a peri-
14 od of six months, under [sections] section 230.00, 230.00-a, 230.25, or
15 230.40 of the penal law.
16 § 21. Section 2324-a of the public health law, as amended by chapter
17 368 of the laws of 2015, is amended to read as follows:
18 § 2324-a. Presumptive evidence. For the purposes of this title, two or
19 more convictions of any person or persons had, within a period of one
20 year, for any of the offenses described in section 230.00, 230.00-a,
21 230.05, 230.06, 230.08, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30
22 or 230.32 of the penal law arising out of conduct engaged in at the same
23 real property consisting of a dwelling as that term is defined in subdi-
24 vision four of section four of the multiple dwelling law shall be
25 presumptive evidence of conduct constituting use of the premises for
26 purposes of prostitution.
27 § 22. Subdivision 2 of section 715 of the real property actions and
28 proceedings law, as amended by chapter 368 of the laws of 2015, is
29 amended to read as follows:
30 2. For purposes of this section, two or more convictions of any person
31 or persons had, within a period of one year, for any of the offenses
32 described in section 230.00, 230.00-a, 230.05, 230.06, 230.11, 230.12,
33 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law aris-
34 ing out of conduct engaged in at the same real property consisting of a
35 dwelling as that term is defined in subdivision four of section four of
36 the multiple dwelling law shall be presumptive evidence of conduct
37 constituting use of the premises for purposes of prostitution.
38 § 23. Subdivision 3 of section 231 of the real property law, as
39 amended by chapter 368 of the laws of 2015, is amended to read as
40 follows:
41 3. For the purposes of this section, two or more convictions of any
42 person or persons had, within a period of one year, for any of the
43 offenses described in section 230.00, 230.00-a, 230.05, 230.06, 230.11,
44 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal
45 law arising out of conduct engaged in at the same premises consisting of
46 a dwelling as that term is defined in subdivision four of section four
47 of the multiple dwelling law shall be presumptive evidence of unlawful
48 use of such premises and of the owners knowledge of the same.
49 § 24. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
50 and traffic law, as amended by chapter 368 of the laws of 2015, is
51 amended to read as follows:
52 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
53 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
54 of this section that result in disqualification for a period of five
55 years shall include a conviction under sections 100.10, 105.13, 115.05,
56 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
S. 112--A 7
1 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
2 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
3 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
4 230.00-a, 230.05, 230.06, 230.06-a, 230.11, 230.12, 230.13, 230.19,
5 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10, subdivi-
6 sion two of section 260.20 and sections 260.25, 265.02, 265.03, 265.08,
7 265.09, 265.10, 265.12, 265.35 of the penal law or an attempt to commit
8 any of the aforesaid offenses under section 110.00 of the penal law, or
9 any similar offenses committed under a former section of the penal law,
10 or any offenses committed under a former section of the penal law which
11 would constitute violations of the aforesaid sections of the penal law,
12 or any offenses committed outside this state which would constitute
13 violations of the aforesaid sections of the penal law.
14 § 25. This act shall take effect on the ninetieth day after it shall
15 have become a law.
