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Senate Bill S8723

2021-2022 Legislative Session

Defines the crime of sex trafficking of a child, person who is mentally disabled, or person who is mentally incapacitated

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2021-S8723 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §230.34-a, Pen L
Versions Introduced in Other Legislative Sessions:
2023-2024: S392
2025-2026: S6507

2021-S8723 (ACTIVE) - Summary

Defines the crime of sex trafficking of a child, person who is mentally disabled, or person who is mentally incapacitated as a class B felony.

2021-S8723 (ACTIVE) - Sponsor Memo

2021-S8723 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8723
 
                             I N  S E N A T E
 
                               April 5, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 defining the crime of  sex
   trafficking of a child, person who is mentally disabled, or person who
   is mentally incapacitated
 
   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, PERSON WHO IS MENTALLY DISABLED,
              OR PERSON WHO IS MENTALLY INCAPACITATED.
   1. A person is guilty of sex trafficking of a  child,  PERSON  WHO  IS
 MENTALLY DISABLED, OR PERSON WHO IS MENTALLY INCAPACITATED when:
   (A)  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  prosecution therefor that the defendant did not know the
 age of the child or believed such age to be eighteen or over; OR
   (B) HE OR SHE INTENTIONALLY ADVANCES OR PROFITS FROM  PROSTITUTION  OF
 ANOTHER PERSON AND SUCH PERSON IS MENTALLY DISABLED OR MENTALLY INCAPAC-
 ITATED.
   2. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15286-01-2

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