Assembly Bill A9597

2011-2012 Legislative Session

Relates to the facilitation of certain prostitution crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A9597 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง230.37, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A170
2015-2016: A1895
2017-2018: A1710

2011-A9597 (ACTIVE) - Summary

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.

2011-A9597 (ACTIVE) - Bill Text download pdf 

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

                                  9597

                          I N  A S S E M B L Y

                             March 20, 2012
                               ___________

Introduced by M. of A. HEVESI -- 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:

  Section  1. The penal law is amended by adding a new section 230.37 to
read as follows:
S 230.37 FACILITATION.
  1. A PERSON COMMITS FACILITATION WHEN HE OR SHE  COMMITS  A  SPECIFIED
OFFENSE AND USES A COMMERCIAL SOCIAL NETWORKING WEBSITE, ONLINE COMMUNI-
TY OR OTHER WEBSITE TO FACILITATE SUCH OFFENSE.
  2.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, WHEN A PERSON IS
CONVICTED OF FACILITATION PURSUANT TO THIS  SECTION  AND  THE  SPECIFIED
OFFENSE  IS  A MISDEMEANOR OR FELONY, THE MAXIMUM TERM OF THE INDETERMI-
NATE SENTENCE SHALL BE INCREASED BY ONE YEAR.
  3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS ARTICLE: SECTION 230.20  (PROMOTING  PROSTITUTION  IN
THE  FOURTH DEGREE), SECTION 230.25 (PROMOTING PROSTITUTION IN THE THIRD
DEGREE), SECTION 230.30 (PROMOTING PROSTITUTION IN THE  SECOND  DEGREE),
SECTION  230.32  (PROMOTING  PROSTITUTION  IN THE FIRST DEGREE), SECTION
230.34 (SEX TRAFFICKING) OR ANY ATTEMPT OR CONSPIRACY TO COMMIT  ANY  OF
THE FOREGOING OFFENSES.
  4. AS USED IN THIS SECTION:
  (A)  "COMMERCIAL  SOCIAL  NETWORKING WEBSITE" SHALL MEAN ANY BUSINESS,
ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
BE REGISTERED USERS FOR THE PURPOSE OF ESTABLISHING  PERSONAL  RELATION-
SHIPS  WITH OTHER USERS, WHERE SUCH PERSONS MAY: (I) CREATE WEB PAGES OR
PROFILES THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB  PAGES
OR  PROFILES  ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS; (II) ENGAGE
IN DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM
OR INSTANT MESSENGER; AND (III) COMMUNICATE WITH  THE  PUBLIC  OR  OTHER
USERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14427-02-2

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