Relates to the facilitation of certain prostitution crimes; increases the maximum term of the indeterminate sentence by one year for certain prostitution crimes where a commercial social networking website, online community or other website is used to facilitate such crime.
STATE OF NEW YORK
________________________________________________________________________
1895
2015-2016 Regular Sessions
IN ASSEMBLY
January 13, 2015
___________
Introduced by M. of A. HEVESI, GRAF -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the facilitation of
certain prostitution crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 230.37 to
2 read as follows:
3 § 230.37 Facilitation.
4 1. A person commits facilitation when he or she commits a specified
5 offense and uses a commercial social networking website, online communi-
6 ty or other website to facilitate such offense.
7 2. Notwithstanding any other provision of law, when a person is
8 convicted of facilitation pursuant to this section and the specified
9 offense is a misdemeanor or felony, the maximum term of the indetermi-
10 nate sentence shall be increased by one year.
11 3. A "specified offense" is an offense defined by any of the following
12 provisions of this article: section 230.20 (promoting prostitution in
13 the fourth degree), section 230.25 (promoting prostitution in the third
14 degree), section 230.30 (promoting prostitution in the second degree),
15 section 230.32 (promoting prostitution in the first degree), section
16 230.34 (sex trafficking) or any attempt or conspiracy to commit any of
17 the foregoing offenses.
18 4. As used in this section:
19 (a) "commercial social networking website" shall mean any business,
20 organization or other entity operating a website that permits persons to
21 be registered users for the purpose of establishing personal relation-
22 ships with other users, where such persons may: (i) create web pages or
23 profiles that provide information about themselves where such web pages
24 or profiles are available to the public or to other users; (ii) engage
25 in direct or real time communication with other users, such as chat room
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04630-01-5
A. 1895 2
1 or instant messenger; and (iii) communicate with the public or other
2 users.
3 (b) "online community" shall mean an information system where content
4 may be posted and may or may not restrict to particular users. This
5 shall include but not be limited to blogs, internet classified sites,
6 and web bulletin-boards.
7 § 2. This act shall take effect on the one hundred eightieth day after
8 it shall have become a law.
