What's happening
This bill expands sex trafficking laws to include vulnerable persons and creates a new, harsher penalty for predatory sex trafficking.
Why it matters
Broadens protection by including “vulnerable persons”. such as those who are mentally disabled, mentally incapacitated, or physically helpless—under the same legal safeguards previously reserved for children in sex trafficking laws, reflecting a recognition that adults with certain impairments are also at high risk of exploitation.
Eliminates the need to prove the trafficker’s knowledge of the victim’s status. meaning prosecutors do not have to show that the defendant knew the person was a child or vulnerable, making it easier to hold traffickers accountable and close common legal loopholes.
Introduces a new, higher-level felony (“predatory sex trafficking”). that carries a harsher penalty for those convicted of trafficking children or vulnerable individuals, signaling a legislative intent to deter especially egregious forms of trafficking through more severe consequences.
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Who cares
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Tougher Protections Against Sex Trafficking
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2369
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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 sex trafficking of a vulnerable person
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 230.34-a of the penal law, as added by chapter 189 of the laws of 2018, is amended to read as follows: § 230.34-a Sex trafficking of a child or vulnerable person.
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 prosecution therefor that the defendant did not know the age of the child or believed such age to be eighteen or over.
2. A person is guilty of sex trafficking of a vulnerable person when he or she intentionally advances or profits from prostitution of another person and such person is a vulnerable person, as such term is defined in this section.
3. 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07280-01-9
A. 2369 2
(c) A person is a "vulnerable person" when such person is mentally disabled, mentally incapacitated, or physically helpless, as such terms are defined in section 130.00 of this part.
Sex trafficking of a child or vulnerable person is a class B felony.
§ 2. The penal law is amended by adding a new section 130.97 to read as follows: § 130.97 Predatory sex trafficking.
A person is guilty of predatory sex trafficking when, being eighteen years old or more, he or she commits the crime of sex trafficking of a child or vulnerable person.
Predatory sex trafficking is a class A-II felony.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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