S T A T E O F N E W Y O R K
________________________________________________________________________
1266
2015-2016 Regular Sessions
I N S E N A T E
January 9, 2015
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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 320 of the laws of 2006, 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 SECTION 230.34, incest in the first degree
21 as defined in section 255.27, criminal possession of a weapon in the
22 first degree as defined in section 265.04, criminal use of a firearm in
23 the first degree as defined in section 265.09, criminal sale of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00331-01-5
S. 1266 2
1 firearm in the first degree as defined in section 265.13, aggravated
2 assault upon a police officer or a peace officer as defined in section
3 120.11, gang assault in the first degree as defined in section 120.07,
4 intimidating a victim or witness in the first degree as defined in
5 section 215.17, hindering prosecution of terrorism in the first degree
6 as defined in section 490.35, criminal possession of a chemical weapon
7 or biological weapon in the second degree as defined in section 490.40,
8 and criminal use of a chemical weapon or biological weapon in the third
9 degree as defined in section 490.47.
10 S 2. Section 230.30 of the penal law, as amended by chapter 627 of the
11 laws of 1978, is amended to read as follows:
12 S 230.30 Promoting prostitution in the second degree.
13 A person is guilty of promoting prostitution in the second degree when
14 he OR SHE knowingly[:
15 1. Advances] ADVANCES prostitution by compelling a person by force or
16 intimidation to engage in prostitution, or profits from such coercive
17 conduct by another[; or
18 2. Advances or profits from prostitution of a person less than sixteen
19 years old].
20 Promoting prostitution in the second degree is a class C felony.
21 S 3. Section 230.32 of the penal law, as added by chapter 627 of the
22 laws of 1978, is amended to read as follows:
23 S 230.32 Promoting prostitution in the first degree.
24 A person is guilty of promoting prostitution in the first degree when
25 he OR SHE knowingly advances or profits from prostitution of a person
26 less than [eleven] SIXTEEN years old.
27 Promoting prostitution in the first degree is a class B felony.
28 S 4. This act shall take effect on the first of November next succeed-
29 ing the date on which it shall have become a law and shall apply to
30 offenses committed on or after such date.