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A01411 Summary:

BILL NOA01411
 
SAME ASNo Same As
 
SPONSORHevesi
 
COSPNSR
 
MLTSPNSR
 
Amd §230.34-a, add §130.97, Pen L
 
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.
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A01411 Actions:

BILL NOA01411
 
01/11/2021referred to codes
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A01411 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1411
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        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  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  being  twenty-one  years  old or more, intentionally advances or profits
     6  from prostitution of another person and such person is a child less than
     7  eighteen years old. Knowledge by the defendant of the age of such  child
     8  is  not  an  element of this offense and it is not a defense to a prose-
     9  cution therefor that the defendant did not know the age of the child  or
    10  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 directly engages in conduct that facilitates an
    19  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 or
    23  she accepts or receives money or other property pursuant to an agreement
    24  or understanding with any person whereby he or she participates  in  the
    25  proceeds of prostitution activity.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01460-01-1

        A. 1411                             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, he or she 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.
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