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A11300 Summary:

BILL NOA11300A
 
SAME ASSAME AS S10224-A
 
SPONSORRules (Hunter)
 
COSPNSRWeprin, Shimsky, Glick, Hevesi, Magnarelli
 
MLTSPNSR
 
Amd §§230.02, 230.15 & 230.34-a, Pen L
 
Closes the patron exclusion in the definition of advancing prostitution; expands the definition of patronizing a person for prostitution to include anything of value.
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A11300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11300--A
 
                   IN ASSEMBLY
 
                                      May 11, 2026
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
          read once  and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT to amend the penal law, in relation to closing the patron exclu-
          sion in the definition of advancing  prostitution  and  expanding  the
          definition  of  patronizing  a  person  for  prostitution  to  include
          anything of value
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "sex trafficking accountability act".
     3    § 2. Section 230.02 of the penal law, as amended by section 627 of the
     4  laws of 1978, the section heading and subdivision 1 as amended by  chap-
     5  ter 368 of the laws of 2015, is amended to read as follows:
     6  § 230.02 Patronizing a person for prostitution; definitions.
     7    1. A person patronizes a person for prostitution when:
     8    (a)  Pursuant to a prior understanding, [he or she] such person pays a
     9  fee, or anything of value, to another person as  compensation  for  such
    10  person  or  a third person having engaged in sexual conduct with [him or
    11  her] such principal person; or
    12    (b) [He or she] Such person pays or agrees to pay a fee,  or  anything
    13  of  value, to another person pursuant to an understanding that in return
    14  therefor such person or a third person will  engage  in  sexual  conduct
    15  with [him or her] such principal person; or
    16    (c)  [He  or  she]  Such person solicits or requests another person to
    17  engage in sexual conduct with [him or  her]  such  principal  person  in
    18  return for a fee, or anything of value.
    19    2. As used in this article[,]:
    20    (a)  ["person]  "Person  who is patronized" means the person with whom
    21  the defendant engaged in sexual conduct or was to have engaged in sexual
    22  conduct pursuant to the understanding, or the person who  was  solicited
    23  or requested by the defendant to engage in sexual conduct.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15787-04-6

        A. 11300--A                         2
 
     1    (b)  "Prostitution" means the act of engaging in or agreeing to engage
     2  in sexual conduct with another person in return for a fee or anything of
     3  value that is given or received by a person.
     4    §  3. Section 230.15 of the penal law, subdivisions 1 and 2 as amended
     5  by chapter 368 of the laws of 2015, is amended to read as follows:
     6  § 230.15 Promoting prostitution; definitions of terms.
     7    The following definitions are applicable to this article:
     8    1. "Advance prostitution."  A  person  "advances  prostitution"  when,
     9  acting  other than as a person in prostitution [or as a patron thereof],
    10  [he or she] such person knowingly causes or aids a person to  commit  or
    11  engage  in  prostitution, procures or solicits patrons for prostitution,
    12  provides persons or premises  for  prostitution  purposes,  operates  or
    13  assists  in  the  operation of a house of prostitution or a prostitution
    14  enterprise, or engages in any other conduct designed to  institute,  aid
    15  or facilitate an act or enterprise of prostitution.
    16    2.  "Profit  from  prostitution." A person "profits from prostitution"
    17  when, acting other than as a person in  prostitution  receiving  compen-
    18  sation  for  personally rendered prostitution services, [he or she] such
    19  person accepts or receives money or other property pursuant to an agree-
    20  ment or understanding with any person whereby [he or she] such principal
    21  person participates or is to participate in the proceeds of prostitution
    22  activity.
    23    3. "Prostitution." means the act of engaging in or agreeing to  engage
    24  in sexual conduct with another person in return for a fee or anything of
    25  value that is given or received by a person.
    26    § 4. Section 230.34-a of the penal law, as added by chapter 189 of the
    27  laws of 2018, is amended to read as follows:
    28  § 230.34-a Sex trafficking of a child.
    29    1.  A  person is guilty of sex trafficking of a child when [he or she]
    30  such person, being twenty-one years old or more, intentionally  advances
    31  or  profits from prostitution of another person [and such person] who is
    32  a child less than eighteen years old. Knowledge by the defendant of  the
    33  age  of  such  child  is  not an element of this offense and it is not a
    34  defense to a prosecution therefor that the defendant did  not  know  the
    35  age of the child or believed such age to be eighteen or over.
    36    2. For purposes of this section:
    37    (a)  A  person  "advances  prostitution"  when, acting other than as a
    38  person in prostitution [or as a patron  thereof],  and  with  intent  to
    39  cause  prostitution, [he or she] such person directly engages in conduct
    40  that facilitates an act or enterprise of prostitution.
    41    (b) A person "profits from prostitution" when, acting other than as  a
    42  person  in  prostitution  receiving compensation for personally rendered
    43  prostitution services, and with intent to facilitate  prostitution,  [he
    44  or she] such person accepts or receives money or other property pursuant
    45  to  an  agreement  or  understanding with any person whereby [he or she]
    46  such person participates in the proceeds of prostitution activity.
    47    Sex trafficking of a child is a class B felony.
    48    § 5. This act shall take effect immediately.
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