Assembly Bill A1919

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1919
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by 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]
 SUCH  PERSON, 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.
   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] SUCH PERSON 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] SUCH PERSON accepts or receives money or other property pursuant
 to an agreement or understanding with any person  whereby  [he  or  she]
 SUCH PERSON participates in the proceeds of prostitution activity.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03011-01-5
              

 A. 1919                             2
 
   (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 PART.
   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, SUCH PERSON 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.