Bill Text: NY A01895 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 1895 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01895 Detail]

Download: New_York-2015-A01895-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1895
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M.  of  A. HEVESI, GRAF -- 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:
    1    Section 1. The penal law is amended by adding a new section 230.37  to
    2  read as follows:
    3  S 230.37 FACILITATION.
    4    1.  A  PERSON  COMMITS FACILITATION WHEN HE OR SHE COMMITS A SPECIFIED
    5  OFFENSE AND USES A COMMERCIAL SOCIAL NETWORKING WEBSITE, ONLINE COMMUNI-
    6  TY OR OTHER WEBSITE TO FACILITATE SUCH OFFENSE.
    7    2.   NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  WHEN  A  PERSON  IS
    8  CONVICTED  OF  FACILITATION  PURSUANT  TO THIS SECTION AND THE SPECIFIED
    9  OFFENSE IS A MISDEMEANOR OR FELONY, THE MAXIMUM TERM OF  THE  INDETERMI-
   10  NATE SENTENCE SHALL BE INCREASED BY ONE YEAR.
   11    3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
   12  PROVISIONS  OF  THIS  ARTICLE: SECTION 230.20 (PROMOTING PROSTITUTION IN
   13  THE FOURTH DEGREE), SECTION 230.25 (PROMOTING PROSTITUTION IN THE  THIRD
   14  DEGREE),  SECTION  230.30 (PROMOTING PROSTITUTION IN THE SECOND DEGREE),
   15  SECTION 230.32 (PROMOTING PROSTITUTION IN  THE  FIRST  DEGREE),  SECTION
   16  230.34  (SEX  TRAFFICKING) OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF
   17  THE FOREGOING OFFENSES.
   18    4. AS USED IN THIS SECTION:
   19    (A) "COMMERCIAL SOCIAL NETWORKING WEBSITE" SHALL  MEAN  ANY  BUSINESS,
   20  ORGANIZATION OR OTHER ENTITY OPERATING A WEBSITE THAT PERMITS PERSONS TO
   21  BE  REGISTERED  USERS FOR THE PURPOSE OF ESTABLISHING PERSONAL RELATION-
   22  SHIPS WITH OTHER USERS, WHERE SUCH PERSONS MAY: (I) CREATE WEB PAGES  OR
   23  PROFILES  THAT PROVIDE INFORMATION ABOUT THEMSELVES WHERE SUCH WEB PAGES
   24  OR PROFILES ARE AVAILABLE TO THE PUBLIC OR TO OTHER USERS;  (II)  ENGAGE
   25  IN DIRECT OR REAL TIME COMMUNICATION WITH OTHER USERS, SUCH AS CHAT ROOM
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04630-01-5
       A. 1895                             2
    1  OR  INSTANT  MESSENGER;  AND  (III) COMMUNICATE WITH THE PUBLIC OR OTHER
    2  USERS.
    3    (B)  "ONLINE COMMUNITY" SHALL MEAN AN INFORMATION SYSTEM WHERE CONTENT
    4  MAY BE POSTED AND MAY OR MAY NOT  RESTRICT  TO  PARTICULAR  USERS.  THIS
    5  SHALL  INCLUDE  BUT  NOT BE LIMITED TO BLOGS, INTERNET CLASSIFIED SITES,
    6  AND WEB BULLETIN-BOARDS.
    7    S 2. This act shall take effect on the one hundred eightieth day after
    8  it shall have become a law.