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S T A T E O F N E W Y O R K
________________________________________________________________________
6460
2025-2026 Regular Sessions
I N S E N A T E
March 14, 2025
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed 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 ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 230.34-a of the penal law, as added by chapter 189
2 of the laws of 2018, is amended to read as follows:
3 § 230.34-a Sex trafficking of a child OR VULNERABLE PERSON.
4 1. A person is guilty of sex trafficking of a child when [he or she]
5 SUCH PERSON, being twenty-one years old or more, intentionally advances
6 or profits from prostitution of another person and such person is a
7 child less than eighteen years old. Knowledge by the defendant of the
8 age of such child is not an element of this offense and it is not a
9 defense to a prosecution therefor that the defendant did not know the
10 age of the child or believed such age to be eighteen or over.
11 2. A PERSON IS GUILTY OF SEX TRAFFICKING OF A VULNERABLE PERSON WHEN
12 HE OR SHE INTENTIONALLY ADVANCES OR PROFITS FROM PROSTITUTION OF ANOTHER
13 PERSON AND SUCH PERSON IS A VULNERABLE PERSON, AS SUCH TERM IS DEFINED
14 IN THIS SECTION.
15 3. For purposes of this section:
16 (a) A person "advances prostitution" when, acting other than as a
17 person in prostitution or as a patron thereof, and with intent to cause
18 prostitution, [he or she] SUCH PERSON directly engages in conduct that
19 facilitates an act or enterprise of prostitution.
20 (b) A person "profits from prostitution" when, acting other than as a
21 person in prostitution receiving compensation for personally rendered
22 prostitution services, and with intent to facilitate prostitution, [he
23 or she] SUCH PERSON accepts or receives money or other property pursuant
24 to an agreement or understanding with any person whereby [he or she]
25 SUCH PERSON participates in the proceeds of prostitution activity.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03011-01-5
S. 6460 2
1 (C) A PERSON IS A "VULNERABLE PERSON" WHEN SUCH PERSON IS MENTALLY
2 DISABLED, MENTALLY INCAPACITATED, OR PHYSICALLY HELPLESS, AS SUCH TERMS
3 ARE DEFINED IN SECTION 130.00 OF THIS PART.
4 Sex trafficking of a child OR VULNERABLE PERSON is a class B felony.
5 § 2. The penal law is amended by adding a new section 130.97 to read
6 as follows:
7 § 130.97 PREDATORY SEX TRAFFICKING.
8 A PERSON IS GUILTY OF PREDATORY SEX TRAFFICKING WHEN, BEING EIGHTEEN
9 YEARS OLD OR MORE, SUCH PERSON COMMITS THE CRIME OF SEX TRAFFICKING OF A
10 CHILD OR VULNERABLE PERSON.
11 PREDATORY SEX TRAFFICKING IS A CLASS A-II FELONY.
12 § 3. This act shall take effect on the ninetieth day after it shall
13 have become a law.