S T A T E   O F   N E W   Y O R K
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                                  8943

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to loitering for the purpose
  of engaging in prostitution by persons under the age of sixteen

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 240.37 of the penal law, as added by chapter 344 of
the laws of 1976, is amended to read as follows:
S  240.37  Loitering  for  the  purpose  of  engaging  in a prostitution
             offense.
  1. For the purposes of this section, "public place" means any  street,
sidewalk,  bridge, alley or alleyway, plaza, park, driveway, parking lot
or transportation facility or the doorways  and  entrance  ways  to  any
building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
  2.  [Any]  EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, ANY
person who remains or wanders about in a  public  place  and  repeatedly
beckons  to,  or  repeatedly  stops,  or  repeatedly  attempts  to stop,
PASSERS-BY, or repeatedly attempts to engage passers-by in conversation,
or repeatedly stops or attempts to stop motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
prostitution, or of patronizing a prostitute as those terms are  defined
in  article  two  hundred  thirty of [the penal law] THIS PART, shall be
guilty of a violation and is guilty of a class  B  misdemeanor  if  such
person  has  previously been convicted of a violation of this section or
of [sections] SECTION 230.00 or 230.05 of [the penal law] THIS PART.
  3. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, PASSERS-BY, or repeatedly attempts to engage passers-by in conver-
sation, or repeatedly stops or  attempts  to  stop  motor  vehicles,  or
repeatedly  interferes  with  the free passage of other persons, for the
purpose of promoting prostitution as  defined  in  article  two  hundred
thirty of [the penal law] THIS PART is guilty of a class A misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD08642-01-1

A. 8943                             2

  4. ANY PERSON UNDER THE AGE OF SIXTEEN WHO REMAINS OR WANDERS ABOUT IN
A  PUBLIC  PLACE  AND  REPEATEDLY  BECKONS  TO,  OR REPEATEDLY STOPS, OR
REPEATEDLY ATTEMPTS TO  STOP,  PASSERS-BY,  OR  REPEATEDLY  ATTEMPTS  TO
ENGAGE  PASSERS-BY  IN  CONVERSATION, OR REPEATEDLY STOPS OR ATTEMPTS TO
STOP  MOTOR  VEHICLES, OR REPEATEDLY INTERFERES WITH THE FREE PASSAGE OF
OTHER PERSONS, FOR THE PURPOSE OF PROSTITUTION AS DEFINED IN ARTICLE TWO
HUNDRED THIRTY OF THIS PART, SHALL BE ADJUDGED A JUVENILE DELINQUENT.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.