Assembly Bill A6823B

Signed By Governor
2017-2018 Legislative Session

Establishes the crime of sex trafficking of a child; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

2017-A6823 - Details

See Senate Version of this Bill:
S5988
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

2017-A6823 - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

2017-A6823 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6823
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  BARRETT,  BLAKE, COLTON,
   GUNTHER, PALMESANO -- read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   sex  trafficking of a child and in relation to promoting prostitution;
   to amend the penal law, the correction  law,  the  criminal  procedure
   law,  the social services law, the vehicle and traffic law, the admin-
   istrative code of the city of New York,  the  civil  rights  law,  the
   family  court  act,  the mental hygiene law, the real property actions
   and proceedings law, the public health law,  the  executive  law,  the
   general  business law and the real property law, in relation to making
   technical corrections  concerning  sex  trafficking  of  a  child  and
   promoting  prostitution; and to repeal certain provisions of the penal
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 230.34-a
 to read as follows:
 § 230.34-A SEX TRAFFICKING OF A CHILD.
   1. A PERSON IS GUILTY OF SEX TRAFFICKING OF A CHILD  WHEN  HE  OR  SHE
 INTENTIONALLY  ADVANCES  OR  PROFITS FROM PROSTITUTION OF ANOTHER PERSON
 AND SUCH OTHER 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 PROSECUTION THEREFOR THAT THE
 DEFENDANT DID NOT KNOW THE AGE OF THE CHILD OR BELIEVED SUCH AGE  TO  BE
 THE SAME AS OR GREATER THAN THAT SPECIFIED IN THIS SECTION.
   2.  IN  ANY  PROSECUTION  UNDER THIS SECTION IN WHICH THE DEFENDANT IS
 LESS THAN NINETEEN YEARS OLD, IT IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
 DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
 VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
 VICTIM   OF   TRAFFICKING  IN  PERSONS  UNDER  THE  TRAFFICKING  VICTIMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09066-05-7

co-Sponsors

2017-A6823A - Details

See Senate Version of this Bill:
S5988
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

2017-A6823A - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

2017-A6823A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6823--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  BARRETT,  BLAKE, COLTON,
   GUNTHER, PALMESANO, JAFFEE, MOSLEY -- read once and  referred  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   sex  trafficking of a child and in relation to promoting prostitution;
   to amend the penal law, the correction  law,  the  criminal  procedure
   law,  the social services law, the vehicle and traffic law, the admin-
   istrative code of the city of New York,  the  civil  rights  law,  the
   family  court  act,  the mental hygiene law, the real property actions
   and proceedings law, the public health law,  the  executive  law,  the
   general  business law and the real property law, in relation to making
   technical corrections  concerning  sex  trafficking  of  a  child  and
   promoting  prostitution; and to repeal certain provisions of the penal
   law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 230.34-a
 to read as follows:
 § 230.34-A SEX TRAFFICKING OF A CHILD.
   1. A PERSON IS GUILTY OF SEX TRAFFICKING OF A CHILD  WHEN  HE  OR  SHE
 INTENTIONALLY  ADVANCES  OR  PROFITS FROM PROSTITUTION OF ANOTHER PERSON
 AND SUCH OTHER 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 PROSECUTION THEREFOR THAT THE
 DEFENDANT DID NOT KNOW THE AGE OF THE CHILD OR BELIEVED SUCH AGE  TO  BE
 THE SAME AS OR GREATER THAN THAT SPECIFIED IN THIS SECTION.
   2.  IN  ANY  PROSECUTION  UNDER THIS SECTION IN WHICH THE DEFENDANT IS
 LESS THAN NINETEEN YEARS OLD, IT IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE
 DEFENDANT'S  PARTICIPATION  IN THE OFFENSE WAS A RESULT OF HAVING BEEN A
 VICTIM OF SEX TRAFFICKING UNDER SECTION 230.34  OF  THIS  ARTICLE  OR  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A6823B - Details

See Senate Version of this Bill:
S5988
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

2017-A6823B - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

2017-A6823B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6823--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  BARRETT,  BLAKE, COLTON,
   GUNTHER, PALMESANO, JAFFEE, MOSLEY, JOYNER, SEPULVEDA, HARRIS, HUNTER,
   L. ROSENTHAL, JEAN-PIERRE, SIMON -- read  once  and  referred  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee on Codes in accordance with Assembly Rule 3, sec. 2
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   sex trafficking of a child and in relation to promoting  prostitution;
   to  amend  the  penal  law, the correction law, the criminal procedure
   law, the social services law, the vehicle and traffic law, the  admin-
   istrative  code  of  the  city  of New York, the family court act, the
   mental hygiene law, the public health law, the executive law, and  the
   general  business  law,  in  relation  to making technical corrections
   concerning sex trafficking of a child and promoting prostitution;  and
   to repeal certain provisions of the penal law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new  section  230.34-a
 to read as follows:
 § 230.34-A SEX TRAFFICKING OF A CHILD.
   1.  A  PERSON  IS  GUILTY OF SEX TRAFFICKING OF A CHILD WHEN HE OR SHE
 INTENTIONALLY ADVANCES OR PROFITS FROM PROSTITUTION  OF  ANOTHER  PERSON
 AND SUCH OTHER 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  PROSECUTION  THEREFOR  THAT  THE
 DEFENDANT  DID  NOT KNOW THE AGE OF THE CHILD OR BELIEVED SUCH AGE TO BE
 THE SAME AS OR GREATER THAN THAT SPECIFIED IN THIS SECTION.
   2. IN ANY PROSECUTION UNDER THIS SECTION IN  WHICH  THE  DEFENDANT  IS
 LESS  THAN  NINETEEN  YEARS  OLD,  IT IS AN AFFIRMATIVE DEFENSE THAT THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A6823C (ACTIVE) - Details

See Senate Version of this Bill:
S5988
Law Section:
Penal Law
Laws Affected:
Amd §§70.02, 460.10, 130.91, 120.70, 230.01, add §230.34-a, rpld §230.33, Pen L; amd §168-a, Cor L; amd §§700.05, 440.10 & 420.35, CP L; amd §§447-a & 483-bb, Soc Serv L; amd §§509-cc & 510-d, V & T L; amd §§3-118, 9-131 & 14-154, NYC Ad Cd; amd §1012, Fam Ct Act; amd §10.03, Ment Hyg L; amd §2324-a, Pub Health L; amd §§621 & 631, Exec L; amd §410, Gen Bus L

2017-A6823C (ACTIVE) - Summary

Establishes the crime of sex trafficking of a child; intentionally advances or profits from prostitution of another where such person is a child less than eighteen years old.

2017-A6823C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6823--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  DINOWITZ,  BARRETT,  BLAKE, COLTON,
   GUNTHER, PALMESANO,  JAFFEE,  MOSLEY,  JOYNER,  HUNTER,  L. ROSENTHAL,
   JEAN-PIERRE,  SIMON,  BRAUNSTEIN,  WEPRIN,  LAVINE, MONTESANO, D'URSO,
   DE LA ROSA, BARRON, ENGLEBRIGHT, GOTTFRIED, WALKER, PICHARDO,  HOOPER,
   STECK,  ORTIZ,  ABINANTI,  BICHOTTE,  STIRPE,  COOK,  LUPARDO, THIELE,
   RIVERA, WRIGHT, VANEL, D. ROSENTHAL, WALLACE,  MAGNARELLI,  ZEBROWSKI,
   GALEF,  RODRIGUEZ,  MORINELLO,  BRINDISI,  SEAWRIGHT, SKOUFIS, TITONE,
   ABBATE, TAYLOR, JENNE, WILLIAMS, TITUS, FAHY, DICKENS,  ARROYO,  SIMO-
   TAS,  PELLEGRINO,  PERRY,  RA,  NIOU,  CURRAN, CARROLL, WOERNER, OTIS,
   FERNANDEZ, EPSTEIN, PEOPLES-STOKES, HYNDMAN,  ERRIGO,  RAIA,  PRETLOW,
   BARNWELL  --  Multi-Sponsored  by  -- M. of A. CRESPO -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Codes in accordance with Assem-
   bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the penal law, in relation to establishing the crime of
   sex trafficking of a child and in relation to promoting  prostitution;
   to  amend  the  penal  law, the correction law, the criminal procedure
   law, the social services law, the vehicle and traffic law, the  admin-
   istrative  code  of  the  city  of New York, the family court act, the
   mental hygiene law, the public health law, the executive law, and  the
   general  business  law,  in  relation  to making technical corrections
   concerning sex trafficking of a child and promoting prostitution
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The penal law is amended by adding a new section 230.34-a
 to read as follows:
 § 230.34-A SEX TRAFFICKING OF A CHILD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.