Senate Bill S5988A

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 Via A6823 - 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

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Bill Amendments

co-Sponsors

2017-S5988 - Details

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-S5988 - 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-S5988 - Sponsor Memo

2017-S5988 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5988
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD09066-06-7
              

co-Sponsors

2017-S5988A - Details

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-S5988A - 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-S5988A - Sponsor Memo

2017-S5988A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5988--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sens.  LANZA, HAMILTON, MURPHY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Codes --
   recommitted to the Committee on Codes in accordance with  Senate  Rule
   6,  sec. 8 -- 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
 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.
              

co-Sponsors

2017-S5988B (ACTIVE) - Details

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-S5988B (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-S5988B (ACTIVE) - Sponsor Memo

2017-S5988B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5988--B
     Cal. No. 1065
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sens.  LANZA, AVELLA, FUNKE, GALLIVAN, GOLDEN, HAMILTON,
   HELMING, JACOBS, KRUEGER, MURPHY -- read twice  and  ordered  printed,
   and  when  printed to be committed to the Committee on Codes -- recom-
   mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged and said bill  committed  to  the  Committee  on  Rules  --
   reported  favorably  from  said committee, ordered to a third reading,
   passed by Senate and delivered to the Assembly, recalled, vote  recon-
   sidered,  restored  to  third  reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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