Albany, NY – Assemblymember Amy Paulin (D-Scarsdale) and Senator Andrew Lanza (R-Staten Island) the sponsors of a bill (A.6823-C/ S.5988-B) that would combat the sex trafficking of children by bringing New York law closer to current federal law, announced a new agreement on amendments designed to facilitate a vote on the bill in both chambers of the legislature.

The sponsors of the bill worked over many weeks with anti-human trafficking advocates, prosecutors, previous victims of child sex trafficking, and the office of Speaker Carl E. Heastie to remain true to the goal of punishing traffickers to the maximum extent of the law while protecting the victims of sex trafficking, including vulnerable children throughout the state.

“We are one step closer to holding those who enslave and exploit children through the commercial sex trade accountable while protecting victims who are teenagers or even younger,” said Assemblymember Paulin. “It has been a long, thoughtful, and careful conversation to arrive at this latest version, but it will have been worth it if this bill becomes law. New York State law already deems that children of this age do not have the legal, psychological, or emotional capacity to consent to sexual activity. Most of these young victims of sexual exploitation are recognized by the law to be Persons in Need of Supervision and therefore eligible for the services that help trafficking victims recover. With this bill, we'll take the final step to help these young girls and boys escape their lives of abuse and exploitation at the hands of their predatory traffickers.”

"I am hopeful that this bill, which makes it easier for prosecutors to bring charges against those who prey on children, will soon become law" said Senator Lanza. "I am proud to sponsor this legislation that will hold criminals accountable for the disgusting and heinous crime of enslaving children for commercial sex. This bill will expand upon the landmark 2015 Trafficking Victims Protection and Justice Act that I sponsored with Assemblymember Paulin. Our state has been a leader in treating victims of human trafficking as just that – victims – and this bill addresses this horrible exploitation of children head on."

Under federal law, any child under the age of 18 who engages in commercial sex is considered a victim of sex trafficking by statute, and any person who promotes the exploitation of that child is considered a sex trafficker. Under current New York law, however, prosecutors must prove that the trafficker used force, fraud or coercion in order to be found guilty of sex trafficking – even if the victim is a child. New York is one of only two states where force, fraud, or coercion must still be proven to convict a person of sex trafficking when the victim is a minor. New York prosecutors have too often found it difficult to convict a trafficker of the most serious charges without potentially re-traumatizing the victim by forcing her to confront her captor in court. Other traffickers may seek to bond with their young victim to confuse the victim into thinking they are committing the forced sexual acts out of love, and not due to a threat of violence or other coercion.

The amended bill establishes the crime of child sex trafficking as a violent B felony which occurs when any person older than 21 intentionally advances or profits from the prostitution of child who is eighteen years or younger. Prosecutors do not need to prove force, fraud, or coercion, and the accused would not be permitted to claim he or she did not know the victim’s age or erroneously believed the victim to be older as a defense. The latest refinements to the bill will ensure that the measure specifically targets traffickers, and not other victims who have themselves been forced or coerced into assisting the commercial sex trade.

“I am grateful for the support of Speaker Carl E. Heastie, who rolled up his sleeves and worked with Senator Lanza and me, the advocates, and the prosecutors to produce this bill which addresses concerns while still giving prosecutors the tools they need to combat child sex trafficking,” added Assemblymember Paulin. “It was his leadership that enabled us to pass the Trafficking Victims Protection and Justice Act three years ago, and his leadership that will allow us to finally enact this last piece of unfinished business from that law by establishing the crime of child sex trafficking.”

“By eliminating the need to prove force, fraud, or coercion for children under 18-years-old, we will be able to bring stronger cases, and spare young survivors from the trauma of having to testify mere feet from their traffickers," said Manhattan District Attorney Cyrus R. Vance, Jr. “I commend Assemblymember Paulin and Senator Lanza for their steadfast dedication to survivors of sex trafficking, the advocates who have fought long and hard for this critical legislation, and Speaker Heastie for his leadership in reaching today’s agreement. I urge both the Assembly and the Senate to pass this bill as soon as possible.”

“Legislation such as this will enable prosecutors to hold accountable defendants who prey on naïve and vulnerable young victims,” said Brooklyn District Attorney Eric Gonzalez. “Victims of sex trafficking are often frightened and reluctant to testify against their captors. With this legislation, the burden on victims to testify in open court to prove force, fraud or coercion will be removed, which will enable us to hold more offenders accountable and protect more of those they seek to exploit. I commend Assembly Member Paulin, Senator Lanza and Speaker Heastie for their work on this bill and for their commitment to seeing that justice is achieved for sex trafficking victims.”

“Our champions did it again,” said Reverend Dr. Que English, the CEO/Founder of Not On My Watch, Inc. “Thank you Speaker Heastie, Assemblywoman Paulin, and Senator Lanza for your relentless pursuit of justice for our children who have been subjected to serial rapists and silenced because of our current law. The End Child Sex Trafficking Act brings freedom and empowers family and children to know their traffickers will be brought to justice.”

“Child sex trafficking devastates the lives of New York’s most vulnerable children, their families, and their communities,” said Dorchen A. Leidholdt, Director of the Legal Center for Sanctuary for Families. “Sanctuary for Families applauds the leadership of the New York State Assembly and Senate, in particular Assembly Speaker Carl Heastie, Assemblywoman Amy Paulin and Senator Andrew Lanza, for bringing our State into alignment with federal law and the laws of 48 other states in eliminating the requirement that prosecutors prove coercion when the sex trafficking victim is a minor. The End Child Sex Trafficking Act removes the evidentiary burden from the shoulders of terrified, traumatized children (typically girls, often homeless or in foster care, and from disadvantaged communities), and increases the accountability of those who deliberately exploit and abuse them for profit. Child sex traffickers, your game is over!”

An earlier version of the bill passed the State Senate in May of this year. Action is expected on the amended bill in both the Assembly and Senate before the end of the legislative session this month.