Establishes the crimes of sex trafficking of a vulnerable person and predatory sex trafficking when a person intentionally advances or profits from prostitution of a vulnerable person.
STATE OF NEW YORK
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6460--B
Cal. No. 883
2025-2026 Regular Sessions
IN SENATE
March 14, 2025
___________
Introduced by Sens. CLEARE, GALLIVAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Codes -- recom-
mitted 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, ordered to first report, amended on first report,
ordered to a second report and ordered reprinted, retaining its place
in the order of second report
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03011-04-6
S. 6460--B 2
1 (b) A person "profits from prostitution" when, acting other than as a
2 person in prostitution receiving compensation for personally rendered
3 prostitution services, and with intent to facilitate prostitution, [he
4 or she] such person accepts or receives money or other property pursuant
5 to an agreement or understanding with any person whereby [he or she]
6 such person participates in the proceeds of prostitution activity.
7 (c) A person is a "vulnerable person" when such person is mentally
8 disabled, mentally incapacitated, or physically helpless, as such terms
9 are defined in section 130.00 of this part.
10 Sex trafficking of a child or vulnerable person is a class B felony.
11 § 2. The penal law is amended by adding a new section 230.34-b to read
12 as follows:
13 § 230.34-b Predatory sex trafficking.
14 A person is guilty of predatory sex trafficking when, being eighteen
15 years old or more, such person commits the crime of sex trafficking as
16 defined in section 230.34 of this article or the crime of sex traffick-
17 ing of a child or vulnerable person as defined in section 230.34-a of
18 this article, and has a previous conviction of either such crime.
19 Predatory sex trafficking is a class A-II felony.
20 § 3. This act shall take effect on the ninetieth day after it shall
21 have become a law.
