Assembly Bill A11375

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11375
 
                           I N  A S S E M B L Y
 
                             October 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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:

   Section 1. Section 230.34-a of the penal law, as added by chapter  189
 of the laws of 2018, is amended to read as follows:
 § 230.34-a Sex trafficking of a child OR VULNERABLE PERSON.
   1.  A  person  is guilty of sex trafficking of a child when he or she,
 being twenty-one years old or more, intentionally  advances  or  profits
 from prostitution of another person and such person is a child less than
 eighteen  years old. Knowledge by the defendant of the age of such child
 is not an element of this offense and it is not a defense  to  a  prose-
 cution  therefor that the defendant did not know the age of the child or
 believed such age to be eighteen or over.
   2. A PERSON IS GUILTY OF SEX TRAFFICKING OF A VULNERABLE  PERSON  WHEN
 HE OR SHE INTENTIONALLY ADVANCES OR PROFITS FROM PROSTITUTION OF ANOTHER
 PERSON  AND  SUCH PERSON IS A VULNERABLE PERSON, AS SUCH TERM IS DEFINED
 IN THIS SECTION.
   3. For purposes of this section:
   (a) A person "advances prostitution" when,  acting  other  than  as  a
 person  in prostitution or as a patron thereof, and with intent to cause
 prostitution, he or she directly engages in conduct that facilitates  an
 act or enterprise of prostitution.
   (b)  A person "profits from prostitution" when, acting other than as a
 person in prostitution receiving compensation  for  personally  rendered
 prostitution services, and with intent to facilitate prostitution, he or
 she accepts or receives money or other property pursuant to an agreement
 or  understanding  with any person whereby he or she participates in the
 proceeds of prostitution activity.
   (C) A PERSON IS A "VULNERABLE PERSON" WHEN  SUCH  PERSON  IS  MENTALLY
 DISABLED,  MENTALLY INCAPACITATED, OR PHYSICALLY HELPLESS, AS SUCH TERMS
 ARE DEFINED IN SECTION 130.00 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16581-01-8

 A. 11375                            2
 
   Sex trafficking of a child OR VULNERABLE PERSON is a class B felony.
   §  2.  The penal law is amended by adding a new section 130.97 to read
 as follows:
 § 130.97 PREDATORY SEX TRAFFICKING.
   A PERSON IS GUILTY OF PREDATORY SEX TRAFFICKING WHEN,  BEING  EIGHTEEN
 YEARS  OLD  OR MORE, HE OR SHE COMMITS THE CRIME OF SEX TRAFFICKING OF A
 CHILD OR VULNERABLE PERSON.
   PREDATORY SEX TRAFFICKING IS A CLASS A-II FELONY.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that if chapter 189 of the laws of
 2018 shall not have taken effect on or before such date then section one
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2018 takes effect.