What's happening
This bill establishes the crime of sex trafficking of a child as a class B felony and updates related laws and definitions accordingly.
Why it matters
Expands criminal liability for adults who facilitate child prostitution. By creating a specific crime of "sex trafficking of a child," the bill makes it a Class B felony for anyone aged 21 or older to intentionally advance or profit from the prostitution of a child under 18, regardless of whether the perpetrator knew the child's age. This closes potential legal loopholes and strengthens prosecution tools.
Removes “knowledge of age” as a defense. The bill explicitly states that it is not a defense if the defendant did not know, or believed, the child was 18 or older. This significantly lowers the burden on prosecutors and increases accountability for those involved in child sex trafficking.
Aligns and updates multiple laws and definitions. The legislation amends a wide range of statutes (criminal, social services, correctional, administrative, and more) to include the new crime. This ensures that child sex trafficking triggers harsher penalties, expanded support for victims, eligibility for compensation, and inclusion in related felony and civil statutes.
Increases victim protections and access to services. Victims of child sex trafficking become eligible for certain affirmative defenses, waivers of criminal surcharges, civil remedies, and social services support, recognizing their status as exploited children rather than criminals and expanding their legal protections and access to aid.
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Make Child Sex Trafficking Illegal
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A6823C
- Amended on third reading (t) 5988b
- Vote reconsidered - restored to third reading
- Returned to senate
- Recalled from assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.1065
- Committee discharged and committed to rules
- Reported and committed to finance
- Print number 5988a
Show 11 earlier actions
- Amend (t) and recommit to codes
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 63–0
- Ordered to third reading cal.2054
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Make Child Sex Trafficking Illegal
Signed by Governor · Sponsor Amy Paulin
Full text
12 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5988--B Cal. No. 1065
2017-2018 Regular Sessions
IN SENATE
May 9, 2017
Introduced by Sens. LANZA, AVELLA, FUNKE, GALLIVAN, GOLDEN, HAMILTON, HELMING, JACOBS, KRUEGER, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with… Show allHide
Introduced by Sens. LANZA, AVELLA, FUNKE, GALLIVAN, GOLDEN, HAMILTON, HELMING, JACOBS, KRUEGER, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted 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 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged and said bill committed to the Committee on Rules -reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the penal law, in relation to establishing the crime of sex trafficking of a child and in relation to promoting prostitution; to amend the penal law, the correction law, the criminal procedure law, the social services law, the vehicle and traffic law, the administrative code of the city of New York, the family court act, the mental hygiene law, the public health law, the executive law, and the general business law, in relation to making technical corrections concerning sex trafficking of a child and promoting prostitution
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 230.34-a to read as follows: § 230.34-a Sex trafficking of a child.
1. A person is guilty of sex trafficking of a child when he or she, being twenty-one years old or more, intentionally advances or profits from prostitution of another person and such person is a child less than eighteen years old. Knowledge by the defendant of the age of such child is not an element of this offense and it is not a defense to a prose-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09066-15-8
S. 5988--B 2
cution therefor that the defendant did not know the age of the child or believed such age to be eighteen or over.
2. For purposes of this section:
(a) A person "advances prostitution" when, acting other than as a person in prostitution or as a patron thereof, and with intent to cause prostitution, he or she directly engages in conduct that facilitates an act or enterprise of prostitution.
(b) A person "profits from prostitution" when, acting other than as a person in prostitution receiving compensation for personally rendered prostitution services, and with intent to facilitate prostitution, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he or she participates in the proceeds of prostitution activity.
Sex trafficking of a child is a class B felony.
§ 2. Section 230.01 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows: § 230.01 Prostitution; affirmative defense.
In any prosecution under section 230.00, section 230.03, section 230.19, 230.20, subdivision 2 of section 230.25, subdivision 2 of section 230.30, section 230.34-a or subdivision two of section 240.37 of this part, it is an affirmative defense that the defendant's participation in the offense was a result of having been a victim of compelling prostitution under section 230.33, a victim of sex trafficking under section 230.34 of this article, a victim of sex trafficking of a child under section 230.34-a of this article or a victim of trafficking in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).
§ 3. Paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(a) Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section 125.25, kidnapping in the first degree as defined in section 135.25, and arson in the first degree as defined in section 150.20; manslaughter in the first degree as defined in section 125.20, aggravated manslaughter in the first degree as defined in section 125.22, rape in the first degree as defined in section 130.35, criminal sexual act in the first degree as defined in section 130.50, aggravated sexual abuse in the first degree as defined in section 130.70, course of sexual conduct against a child in the first degree as defined in section 130.75; assault in the first degree as defined in section 120.10, kidnapping in the second degree as defined in section 135.20, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, robbery in the first degree as defined in section 160.15, sex trafficking as defined in paragraphs (a) and (b) of subdivision five of section 230.34, sex trafficking of a child as defined in section 230.34-a, incest in the first degree as defined in section 255.27, criminal possession of a weapon in the first degree as defined in section 265.04, criminal use of a firearm in the first degree as defined in section 265.09, criminal sale of a firearm in the first degree as defined in section 265.13, aggravated assault upon a police officer or a peace officer as defined in section 120.11, gang assault in the first degree as defined in section 120.07, intimidating a victim or witness in the first degree as defined in section 215.17, hindering prosecution of terrorism in the first degree as defined in section 490.35, criminal possession of a chemical weapon or biological weapon in
S. 5988--B 3
the second degree as defined in section 490.40, and criminal use of a chemical weapon or biological weapon in the third degree as defined in section 490.47.
§ 4. Paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05, 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relating to strangulation; sections 125.10 to 125.27 relating to homicide; sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and 135.25 relating to kidnapping; sections 135.35 and 135.37 relating to labor trafficking; section 135.65 relating to coercion; sections 140.20, 140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12 relating to criminal mischief; article one hundred fifty relating to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health care fraud; article one hundred sixty relating to robbery; sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property; sections 165.72 and 165.73 relating to trademark counterfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 178.20 and 178.25 relating to criminal diversion of prescription medications and prescriptions; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56, 215.00, 215.05 and 215.19; sections 187.10, 187.15, 187.20 and 187.25 relating to residential mortgage fraud, sections 190.40 and 190.42 relating to criminal usury; section 190.65 relating to schemes to defraud; any felony defined in article four hundred ninety-six; sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt; section 215.40 relating to tampering with physical evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled substances; sections 225.10 and 225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relating to promoting prostitution; section 230.34 relating to sex trafficking; section 230.34-a relating to sex trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10 and 263.15 relating to promoting a sexual performance by a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons; sections 265.14 and 265.16 relating to criminal sale of a firearm; section 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings; and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
§ 5. Subdivision 2 of section 130.91 of the penal law, as amended by chapter 405 of the laws of 2010, is amended to read as follows:
2. A "specified offense" is a felony offense defined by any of the following provisions of this chapter: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in the first degree as defined in section 121.13, manslaughter in the second
S. 5988--B 4
degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in section 160.15, promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, sex trafficking of a child as defined in section 230.34-a, disseminating indecent material to minors in the first degree as defined in section 235.22, use of a child in a sexual performance as defined in section 263.05, promoting an obscene sexual performance by a child as defined in section 263.10, promoting a sexual performance by a child as defined in section 263.15, or any felony attempt or conspiracy to commit any of the foregoing offenses.
§ 6. Subdivision 1 of section 120.70 of the penal law, as added by chapter 405 of the laws of 2008, is amended to read as follows:
1. A person is guilty of luring a child when he or she lures a child into a motor vehicle, aircraft, watercraft, isolated area, building, or part thereof, for the purpose of committing against such child any of the following offenses: an offense as defined in section 70.02 of this chapter; an offense as defined in section 125.25 or 125.27 of this chapter; a felony offense that is a violation of article one hundred thirty of this chapter; an offense as defined in section 135.25 of this chapter; an offense as defined in sections 230.30, 230.33 [or], 230.34 or 230.34-a of this chapter; an offense as defined in sections 255.25, 255.26, or 255.27 of this chapter; or an offense as defined in sections 263.05, 263.10, or 263.15 of this chapter. For purposes of this subdivision "child" means a person less than seventeen years of age. Nothing in this section shall be deemed to preclude, if the evidence warrants, a conviction for the commission or attempted commission of any crime, including but not limited to a crime defined in article one hundred thirty-five of this chapter.
§ 7. Subparagraph (i) of paragraph (a) of subdivision 2 of section 168-a of the correction law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
(i) a conviction of or a conviction for an attempt to commit any of the provisions of sections 120.70, 130.20, 130.25, 130.30, 130.40, 130.45, 130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article two hundred sixty-three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law relating to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender is not the parent of the victim, or section 230.04, where the person patronized is in fact less than seventeen years of age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or section 230.25 of the penal law where the person prostituted is in fact less than seventeen years old, or
S. 5988--B 5
§ 8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 368 of the laws of 2015, is amended to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to estab- lishing the crime of sex trafficking of a child and in relation to promoting prostitution; to amend the penal law, the correction law, the criminal procedure law, the social services law, the vehicle and traffic law, the administrative code of the city of New York, the family court act, the mental hygiene law, the public health law, the executive law, and the general business law, in relation to making technical corrections concerning sex trafficking of a child and promoting prosti- tution
Purpose
To establish the crime of sex trafficking of a child.
Summary of provisions
Section 1 amends the penal law by adding a new section 230.34-a to provide that a person is guilty of sex trafficking of a child when he or she, being twenty-one years old or more, intentionally advances or profits from prostitution of another person and such other person is a child less than eighteen years old. Knowledge by the defendant of the age of such child is not an element of this offense and it is not a defense to a prosecution therefor that the defendant did not know the age of the child or believed such age to be the same as or greater than that specified in this section. Definitions for "advances prostitution" and "profits from prostitution" are provided for purposes of this section. Sex trafficking of a child is a class B felony.
Read the full memo (1,439 words)
Section 2 amends section 230.01 of the penal law to add sections 230.19, 230.20, subdivision 2 of section 230.25, subdivision 2 of section 230.30, section 230.34-a to the list of offenses for which an affirma- tive defense is available if the defendant's participation in the offense was the result of having been a victim of compelling prostitu- tion under section 230.33, a victim of sex trafficking under section 230.34 of this article, 230.34a sex trafficking of a child, or a victim of trafficking in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).
Section 3 amends paragraph (a) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, to add as a class B violent felony offense, sex trafficking of a child as defined in section 230.34-a.
Section 4 amends paragraph (a) of subdivision 1 of section 460.10 of the penal law, as amended by chapter 368 of the laws of 2015, to add as a definition of an enterprise corruption "criminal act", sex trafficking of a child as defined in section 230.34-a.
Sections 5 through 23 provide for technical corrections to the penal law, the correction law, the criminal procedure law, the social services law, the vehicle and traffic law, the administrative code of the city of New York, the family court act, the mental hygiene law, the public health law, the executive law, and the general business law, in connection with sex trafficking of a child.
Section 24 provides the effective date.
Justification
Since 2007, New York State has taken significant steps to hold both sex and labor traffickers accountable. In 2015, New York strengthened its criminal justice response to trafficking with the Trafficking Victims Protection and Justice Act ("TVPJA," Ch. 368 of 2015), comprehensive legislation that increases accountability of traffickers, patronizers and other exploiters, while providing necessary protection to victims.
Although we have enacted legislation to ensure that those who devastate the lives of children by promoting them in the sex trafficking industry are held accountable, the law must go further to hold these traffickers accountable just as they are under federal law. Under federal law, the crime of sex trafficking is made when a sexual act is induced by force, fraud or coercion, or when the person induced to perform such act is under 18. Accordingly, a prosecutor need not articulate or prove force, fraud or coercion to prosecute a trafficker who exploits a child under 18. Instead, under federal law, any child under the age of 18 who engages in commercial sex is considered a victim of sex trafficking and any person who promotes and benefits from exploiting such child is considered a sex trafficker.
Under New York law, however, the prosecution must prove that a person used force, fraud or coercion to find such person guilty of sex traf- ficking, even if the child is under 18.
In 2016, Manhattan District Attorney Cyrus Vance, Jr. in announcing the conviction of an operator of a sex trafficking ring, which included the prostitution of a 15-year old, on Super Bowl weekend in 2014, called on the Legislature to amend our penal code. "In 46 states across the coun- try, simply proving that a child was sold for sex would have been proof of Sex Trafficking. In New York, however, even though this 15-year-old was too young to legally engage in sexual activity with grown men, my Office still had to prove that she was forced to do so by the defendant under the threat of violence to secure this conviction."
Prosecutors, advocates and service providers see the restrictions the law imposes on a frequent basis. Another case is illustrative.
Fourteen-year old Jennifer was lured into prostitution by her 40-year old boyfriend, Mac. For months, Jennifer was sold online for sex and was required to make a quota set by Mac. Although Mac deceived Jennifer repeatedly and at times used force to ensure Jennifer's obedience, Jennifer believed that Mac loved her and refused to testify against Mac.
This refusal to accept that they are being victimized by an older exploiter is especially common with victims of human trafficking as they are often traumatically bonded to their exploiter, who can alternate between acts of affection and violence.
Under federal law, prosecutors could bring an action for sex trafficking against Mac based on the fact that Jennifer is under 18, without a show- ing of force, fraud or coercion. In New York, however, a prosecutor would be required to prove that Mac used force, fraud or coercion in order for the court to find Mac guilty of sex trafficking. Requiring such proof most often obligates a victim to testify against her traf- ficker. Yet requiring anyone, especially a minor, to testify against her trafficker can retraumatize an already highly traumatized victim. More- over, a minor may be unwilling to testify against her trafficker because she is convinced she is in love with him. And if she does testify, she may state that she engaged in sex out of love for her trafficker, not by force, fraud or coercion. If the minor does not testify against her trafficker, no case can be made. The child returns to her trafficker, with the trafficker free to continue his commercial sexual exploitation of the child.
When we passed and had signed into law the TVPJA and legislation to treat 16-and 17-year olds as Persons in Need of Supervision (Ch. 555 of 2017, 402 of 2014), we reaffirmed our conviction that prostituted indi- viduals under the age of 18 are sexually exploited youth. And in our statutory rape laws we have long recognized the fact that children do not have the legal, psychological, or emotional capacity to consent to sexual activity. This principle should not be discarded merely because there is an exchange of money.
This change will also align the Penal Law with the Family Court Act, which creates a presumption that a minor charged with prostitution is a sex trafficking victim. Federal law, the Federal Trafficking Victims Protection Act, already establishes that all prostituted children are trafficking victims. The bill provides an affirmative defense where such person's participation in the offense was a result of having been a victim of sex trafficking under New York or federal law. In this way, we will not criminalize a sex trafficking victim who has been compelled by her trafficker to assume a role, such as answering phone calls, relaying messages, looking after younger sex trafficking victims, that she would not have assumed had she not been a sex trafficking victim.
Eliminating proof of the elements of force, fraud or coercion in cases of children under 18 will enable us to hold those who should be held accountable- the individuals who enslave these children for commercial sex -- and help these young girls and boys escape their lives of abuse and exploitation at the hands of their predatory traffickers.
Legislative history
This is a new bill
Fiscal implications
None to the State.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.