S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6460
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 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  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
              

 S. 6460                             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.