STATE OF NEW YORK
________________________________________________________________________
6507
2025-2026 Regular Sessions
IN SENATE
March 17, 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 defining the crime of sex
trafficking of a child, person who is mentally disabled, or person who
is mentally incapacitated
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, person who is mentally disabled,
4 or person who is mentally incapacitated.
5 1. A person is guilty of sex trafficking of a child, person who is
6 mentally disabled, or person who is mentally incapacitated when [he or
7 she]:
8 (a) such person, being twenty-one years old or more, intentionally
9 advances or profits from prostitution of another person and such person
10 is a child less than eighteen years old. Knowledge by the defendant of
11 the age of such child is not an element of this offense and it is not a
12 defense to a prosecution therefor that the defendant did not know the
13 age of the child or believed such age to be eighteen or over; or
14 (b) such person intentionally advances or profits from prostitution of
15 another person and such person is mentally disabled or mentally incapac-
16 itated.
17 2. For purposes of this section:
18 (a) A person "advances prostitution" when, acting other than as a
19 person in prostitution or as a patron thereof, and with intent to cause
20 prostitution, [he or she] such person directly engages in conduct that
21 facilitates an act or enterprise of prostitution.
22 (b) A person "profits from prostitution" when, acting other than as a
23 person in prostitution receiving compensation for personally rendered
24 prostitution services, and with intent to facilitate prostitution, [he
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10949-01-5
S. 6507 2
1 or she] such person accepts or receives money or other property pursuant
2 to an agreement or understanding with any person whereby [he or she]
3 such principal person participates in the proceeds of prostitution
4 activity.
5 (c) The terms "mentally disabled" and "mentally incapacitated" shall
6 have the same meanings as set forth in section 130.00 of this chapter.
7 Sex trafficking of a child, person who is mentally disabled, or person
8 who is mentally incapacitated is a class B felony.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law.
