Makes promoting prostitution in the first degree and certain provisions of promoting prostitution in the second and third degrees violent felony offenses; increases the severity of the penalties for patronizing a prostitute and permitting prostitution; redesignates permitting prostitution as permitting prostitution in the second degree and establishes the class E felony of permitting prostitution when a child under 17 is being prostituted on the premises; designates permitting prostitution in the first degree as a sex offense for purposes of registration under the sex offender registration act.
STATE OF NEW YORK
________________________________________________________________________
4731
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to promoting prostitution,
patronizing a prostitute and permitting prostitution; and to amend the
correction law, in relation to designating permitting prostitution in
the first degree as a sex offense for the purposes of the sex offender
registration act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
2 section 70.02 of the penal law, paragraph (a) as amended by chapter 189
3 of the laws of 2018, paragraph (b) as amended by chapter 476 of the laws
4 of 2018, paragraph (c) as amended by chapter 368 of the laws of 2015 and
5 paragraph (d) as amended by chapter 7 of the laws of 2007, are amended
6 to read as follows:
7 (a) Class B violent felony offenses: an attempt to commit the class
8 A-I felonies of murder in the second degree as defined in section
9 125.25, kidnapping in the first degree as defined in section 135.25, and
10 arson in the first degree as defined in section 150.20; manslaughter in
11 the first degree as defined in section 125.20, aggravated manslaughter
12 in the first degree as defined in section 125.22, rape in the first
13 degree as defined in section 130.35, criminal sexual act in the first
14 degree as defined in section 130.50, aggravated sexual abuse in the
15 first degree as defined in section 130.70, course of sexual conduct
16 against a child in the first degree as defined in section 130.75[;],
17 promoting prostitution in the first degree as defined in section 230.32,
18 assault in the first degree as defined in section 120.10, kidnapping in
19 the second degree as defined in section 135.20, burglary in the first
20 degree as defined in section 140.30, arson in the second degree as
21 defined in section 150.15, robbery in the first degree as defined in
22 section 160.15, sex trafficking as defined in paragraphs (a) and (b) of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08625-02-9
A. 4731 2
1 subdivision five of section 230.34, sex trafficking of a child as
2 defined in section 230.34-a, incest in the first degree as defined in
3 section 255.27, criminal possession of a weapon in the first degree as
4 defined in section 265.04, criminal use of a firearm in the first degree
5 as defined in section 265.09, criminal sale of a firearm in the first
6 degree as defined in section 265.13, aggravated assault upon a police
7 officer or a peace officer as defined in section 120.11, gang assault in
8 the first degree as defined in section 120.07, intimidating a victim or
9 witness in the first degree as defined in section 215.17, hindering
10 prosecution of terrorism in the first degree as defined in section
11 490.35, criminal possession of a chemical weapon or biological weapon in
12 the second degree as defined in section 490.40, and criminal use of a
13 chemical weapon or biological weapon in the third degree as defined in
14 section 490.47.
15 (b) Class C violent felony offenses: an attempt to commit any of the
16 class B felonies set forth in paragraph (a) of this subdivision; aggra-
17 vated criminally negligent homicide as defined in section 125.11, aggra-
18 vated manslaughter in the second degree as defined in section 125.21,
19 aggravated sexual abuse in the second degree as defined in section
20 130.67, patronizing a person for prostitution in the first degree as
21 defined in section 230.06, promoting prostitution in the second degree
22 as defined in subdivision two of section 230.30, assault on a peace
23 officer, police officer, firefighter or emergency medical services
24 professional as defined in section 120.08, assault on a judge as defined
25 in section 120.09, gang assault in the second degree as defined in
26 section 120.06, strangulation in the first degree as defined in section
27 121.13, burglary in the second degree as defined in section 140.25,
28 robbery in the second degree as defined in section 160.10, criminal
29 possession of a weapon in the second degree as defined in section
30 265.03, criminal use of a firearm in the second degree as defined in
31 section 265.08, criminal sale of a firearm in the second degree as
32 defined in section 265.12, criminal sale of a firearm with the aid of a
33 minor as defined in section 265.14, aggravated criminal possession of a
34 weapon as defined in section 265.19, soliciting or providing support for
35 an act of terrorism in the first degree as defined in section 490.15,
36 hindering prosecution of terrorism in the second degree as defined in
37 section 490.30, and criminal possession of a chemical weapon or biolog-
38 ical weapon in the third degree as defined in section 490.37.
39 (c) Class D violent felony offenses: an attempt to commit any of the
40 class C felonies set forth in paragraph (b); reckless assault of a child
41 as defined in section 120.02, assault in the second degree as defined in
42 section 120.05, menacing a police officer or peace officer as defined in
43 section 120.18, stalking in the first degree, as defined in subdivision
44 one of section 120.60, strangulation in the second degree as defined in
45 section 121.12, rape in the second degree as defined in section 130.30,
46 criminal sexual act in the second degree as defined in section 130.45,
47 sexual abuse in the first degree as defined in section 130.65, course of
48 sexual conduct against a child in the second degree as defined in
49 section 130.80, aggravated sexual abuse in the third degree as defined
50 in section 130.66, facilitating a sex offense with a controlled
51 substance as defined in section 130.90, labor trafficking as defined in
52 paragraphs (a) and (b) of subdivision three of section 135.35, patroniz-
53 ing a person for prostitution in the second degree as defined in section
54 230.05, promoting prostitution in the third degree as defined in subdi-
55 vision two of section 230.25, criminal possession of a weapon in the
56 third degree as defined in subdivision five, six, seven, eight, nine or
A. 4731 3
1 ten of section 265.02, criminal sale of a firearm in the third degree as
2 defined in section 265.11, intimidating a victim or witness in the
3 second degree as defined in section 215.16, soliciting or providing
4 support for an act of terrorism in the second degree as defined in
5 section 490.10, and making a terroristic threat as defined in section
6 490.20, falsely reporting an incident in the first degree as defined in
7 section 240.60, placing a false bomb or hazardous substance in the first
8 degree as defined in section 240.62, placing a false bomb or hazardous
9 substance in a sports stadium or arena, mass transportation facility or
10 enclosed shopping mall as defined in section 240.63, and aggravated
11 unpermitted use of indoor pyrotechnics in the first degree as defined in
12 section 405.18.
13 (d) Class E violent felony offenses: an attempt to commit any of the
14 felonies of criminal possession of a weapon in the third degree as
15 defined in subdivision five, six, seven or eight of section 265.02 as a
16 lesser included offense of that section as defined in section 220.20 of
17 the criminal procedure law, persistent sexual abuse as defined in
18 section 130.53, aggravated sexual abuse in the fourth degree as defined
19 in section 130.65-a, patronizing a person for prostitution in the third
20 degree as defined in section 230.04, falsely reporting an incident in
21 the second degree as defined in section 240.55 and placing a false bomb
22 or hazardous substance in the second degree as defined in section
23 240.61.
24 § 2. Subdivision 5 of section 60.05 of the penal law, as amended by
25 chapter 405 of the laws of 2010, is amended to read as follows:
26 5. Certain class D felonies. Except as provided in subdivision six of
27 this section, every person convicted of the class D felonies of assault
28 in the second degree as defined in section 120.05, strangulation in the
29 second degree as defined in section 121.12 [or attempt to commit a class
30 C felony as defined in section 230.30 of this chapter,] must be
31 sentenced in accordance with section 70.00 or 85.00 of this title.
32 § 3. The closing paragraph of section 230.04 of the penal law, as
33 amended by chapter 368 of the laws of 2015, is amended to read as
34 follows:
35 Patronizing a person for prostitution in the third degree is a class
36 [A misdemeanor] E felony.
37 § 4. The closing paragraph of section 230.05 of the penal law, as
38 amended by chapter 368 of the laws of 2015, is amended to read as
39 follows:
40 Patronizing a person for prostitution in the second degree is a class
41 [E] D felony.
42 § 5. The closing paragraph of section 230.06 of the penal law, as
43 amended by chapter 368 of the laws of 2015, is amended to read as
44 follows:
45 Patronizing a person for prostitution in the first degree is a class
46 [D] C felony.
47 § 6. Section 230.40 of the penal law, the opening paragraph as amended
48 by chapter 368 of the laws of 2015, is amended to read as follows:
49 § 230.40 Permitting prostitution in the second degree.
50 A person is guilty of permitting prostitution in the second degree
51 when, having possession or control of premises or vehicle which he or
52 she knows are being used for prostitution purposes or for the purpose of
53 advancing prostitution, he or she fails to make reasonable effort to
54 halt or abate such use.
55 Permitting prostitution in the second degree is a class [B] A misde-
56 meanor.
A. 4731 4
1 § 7. The penal law is amended by adding a new section 230.45 to read
2 as follows:
3 § 230.45 Permitting prostitution in the first degree.
4 A person is guilty of permitting prostitution in the first degree when
5 having possession or control of premises which he or she knows are being
6 used for prostitution purposes including the prostitution of a child
7 less than seventeen years of age, he or she fails to make reasonable
8 effort to halt or abate such use.
9 Permitting prostitution in the first degree is a class E felony.
10 § 8. Subparagraph (i) of paragraph (a) of subdivision 2 of section
11 168-a of the correction law, as amended by chapter 189 of the laws of
12 2018, is amended to read as follows:
13 (i) a conviction of or a conviction for an attempt to commit any [of
14 the provisions] provision of sections 120.70, 130.20, 130.25, 130.30,
15 130.40, 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and
16 255.27 or article two hundred sixty-three of the penal law, or section
17 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping
18 offenses, provided the victim of such kidnapping or related offense is
19 less than seventeen years old and the offender is not the parent of the
20 victim, or section 230.04, where the person patronized is in fact less
21 than seventeen years of age, 230.05, 230.06, 230.11, 230.12, 230.13,
22 subdivision two of section 230.30, section 230.32, 230.33, [or] 230.34,
23 or 230.45 of the penal law, or section 230.25 of the penal law where the
24 person prostituted is in fact less than seventeen years old, or
25 § 9. This act shall take effect on the first of November next succeed-
26 ing the date on which it shall have become a law.