assembly Bill A6823B

2017-2018 Legislative Session

Establishes the crime of sex trafficking of a child; repealer

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 returned to assembly
passed senate
3rd reading cal.1065
substituted for s5988b
referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.156
rules report cal.156
reported
Jun 11, 2018 reported referred to rules
Jun 05, 2018 print number 6823c
Jun 05, 2018 amend (t) and recommit to codes
Jan 05, 2018 print number 6823b
Jan 05, 2018 amend and recommit to codes
Jan 03, 2018 referred to codes
May 10, 2017 print number 6823a
May 10, 2017 amend and recommit to codes
Mar 21, 2017 referred to codes

Co-Sponsors

view additional co-sponsors

A6823 - Details

See Senate Version of this Bill:
S5988A
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

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.

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:
S 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

view additional co-sponsors

A6823A - Details

See Senate Version of this Bill:
S5988A
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

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.

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:
S 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.
                                                           LBD09066-07-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6823B - Details

See Senate Version of this Bill:
S5988A
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

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.

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:
S 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.
                                                           LBD09066-08-7

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6823C (ACTIVE) - Details

See Senate Version of this Bill:
S5988A
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

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.

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:
S 230.34-A SEX TRAFFICKING OF A CHILD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09066-14-8

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.