Designates promoting prostitution in the first degree, compelling prostitution and sex trafficking as class B violent felonies; defines the class B felony of promoting prostitution in the first degree to be the advancing or profiting from the prostitution of a person under 16 years of age.
STATE OF NEW YORK
________________________________________________________________________
1266--A
2015-2016 Regular Sessions
IN SENATE
January 9, 2015
___________
Introduced by Sens. PERALTA, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- recom-
mitted 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, in relation to designating promoting
prostitution in the first degree, compelling prostitution and sex
trafficking as class B violent felony offenses and the prostitution of
minors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 70.02 of the
2 penal law, as amended by chapter 368 of the laws of 2015, is amended to
3 read as follows:
4 (a) Class B violent felony offenses: an attempt to commit the class
5 A-I felonies of murder in the second degree as defined in section
6 125.25, kidnapping in the first degree as defined in section 135.25, and
7 arson in the first degree as defined in section 150.20; manslaughter in
8 the first degree as defined in section 125.20, aggravated manslaughter
9 in the first degree as defined in section 125.22, rape in the first
10 degree as defined in section 130.35, criminal sexual act in the first
11 degree as defined in section 130.50, aggravated sexual abuse in the
12 first degree as defined in section 130.70, course of sexual conduct
13 against a child in the first degree as defined in section 130.75;
14 assault in the first degree as defined in section 120.10, kidnapping in
15 the second degree as defined in section 135.20, burglary in the first
16 degree as defined in section 140.30, arson in the second degree as
17 defined in section 150.15, robbery in the first degree as defined in
18 section 160.15, promoting prostitution in the first degree as defined in
19 section 230.32, compelling prostitution as defined in section 230.33,
20 sex trafficking as defined in [paragraphs (a) and (b) of subdivision
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00331-02-6
S. 1266--A 2
1 five of] section 230.34, incest in the first degree as defined in
2 section 255.27, criminal possession of a weapon in the first degree as
3 defined in section 265.04, criminal use of a firearm in the first degree
4 as defined in section 265.09, criminal sale of a firearm in the first
5 degree as defined in section 265.13, aggravated assault upon a police
6 officer or a peace officer as defined in section 120.11, gang assault in
7 the first degree as defined in section 120.07, intimidating a victim or
8 witness in the first degree as defined in section 215.17, hindering
9 prosecution of terrorism in the first degree as defined in section
10 490.35, criminal possession of a chemical weapon or biological weapon in
11 the second degree as defined in section 490.40, and criminal use of a
12 chemical weapon or biological weapon in the third degree as defined in
13 section 490.47.
14 § 2. Section 230.30 of the penal law, as amended by chapter 368 of the
15 laws of 2015, is amended to read as follows:
16 § 230.30 Promoting prostitution in the second degree.
17 A person is guilty of promoting prostitution in the second degree when
18 he or she knowingly[:
19 1. Advances] advances prostitution by compelling a person by force or
20 intimidation to engage in prostitution, or profits from such coercive
21 conduct by another[; or
22 2. Advances or profits from prostitution of a person less than eigh-
23 teen years old].
24 Promoting prostitution in the second degree is a class C felony.
25 § 3. Section 230.32 of the penal law, as added by chapter 627 of the
26 laws of 1978, the opening paragraph and subdivisions 1 and 2 as amended
27 by chapter 368 of the laws of 2015, is amended to read as follows:
28 § 230.32 Promoting prostitution in the first degree.
29 A person is guilty of promoting prostitution in the first degree when
30 he or she[:
31 1.] knowingly advances or profits from prostitution of a person less
32 than [thirteen years old; or
33 2. being twenty-one years old or more, he or she knowingly advances or
34 profits from prostitution of a person less than fifteen] sixteen years
35 old.
36 § 4. This act shall take effect on the first of November next succeed-
37 ing the date on which it shall have become a law; provided, however, if
38 chapter 368 of the laws of 2015 has not taken effect before such effec-
39 tive date then this act shall take effect on the same date and in the
40 same manner as such chapter; and provided, further, that this act shall
41 apply to offenses committed on or after such date.
