Senate Bill S6460A

2025-2026 Legislative Session

Establishes the crimes of sex trafficking of a vulnerable person and predatory sex trafficking

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2026	advanced to third reading
May 05, 2026	2nd report cal. amended 6460b
May 04, 2026	1st report cal.883
Feb 18, 2026	print number 6460a
Feb 18, 2026	amend and recommit to codes
Jan 07, 2026	referred to codes
Mar 14, 2025	referred to codes

Votes

- May 4, 2026 - Codes Committee Vote
  S6460A
  
  Aye
  
  11
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Codes Committee Vote: May 4, 2026
      
      aye (11)
      
      Bailey
      
      Brisport
      
      Cooney
      
      Gallivan
      
      Kavanagh
      
      Murray
      
      Myrie
      
      O'Mara
      
      Palumbo
      
      Persaud
      
      Sepúlveda
      
      aye wr (1)
      
      Salazar
      
      excused (1)
      
      Gounardes

Bill Amendments

Original

B (Active)

2025-S6460 - Details

Law Section:: Penal Law
Laws Affected:: Amd §230.34-a, add §230.34-b, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8583
2023-2024: S3171

2025-S6460 - Summary

Establishes the crimes of sex trafficking of a vulnerable person and predatory sex trafficking when a person intentionally advances or profits from prostitution of a vulnerable person.

2025-S6460 - Sponsor Memo

                                 
BILL NUMBER: S6460

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the penal law, in relation to sex trafficking of a
vulnerable person

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would make it easier for prosecutors to bring charges against
those who exploit disabled individuals for sex trafficking, and would
establish the crime of predatory sex trafficking as a class A-II felony.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new subdivision 2 to

§ 230.34-a to provide that a person is guilty of sex trafficking of a
vulnerable person when he or she intentionally profits from the prosti-
tution of a vulnerable person and by amending subdivision 3 of

§ 230.34-a to define "vulnerable person".

Section 2 amends the penal law by adding a new § 130.97 to establish
that a person is guilty of predatory sex trafficking, when being 18
years of age or older, he or she commits the crime of sex trafficking of
a child or vulnerable person, and establishes that predatory sex traf-
ficking is a class A-II felony.

Section 3 provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Original

 
JUSTIFICATION:

Children are particularly vulnerable to being trafficked for sex. The
Legislature recognized both the heinousness of this crime and the diffi-
culty in bringing perpetrators to justice when it enacted chapter 189 of
the laws of 2018. Chapter 189 of the laws of 2018 established the crit-
ically needed criminal charge of sex trafficking of a child by eliminat-
ing the need to prove force, fraud or coercion.

A similar vulnerability exists with respect to victims of sex traffick-
ing who are mentally disabled, mentally incapacitated or physically
helpless. (1)

This bill therefor amends Penal Law § 130.97 to add the sex trafficking
of vulnerable persons to the current law regarding the sex trafficking
of children.

Preying upon children and vulnerable persons for sex trafficking is
especially heinous conduct. Establishing predatory sex trafficking as a
class A-II felony is therefore appropriate.

 
PRIOR LEGISLATIVE HISTORY:

A.2369 of 2019-2020;

A.11375 of 2017-2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
90 days after it shall have become a law.

2025-S6460 - Bill Text download pdf

                             
                     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.

co-Sponsors

2025-S6460A - Details

Law Section:: Penal Law
Laws Affected:: Amd §230.34-a, add §230.34-b, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8583
2023-2024: S3171

2025-S6460A - Summary

Establishes the crimes of sex trafficking of a vulnerable person and predatory sex trafficking when a person intentionally advances or profits from prostitution of a vulnerable person.

2025-S6460A - Sponsor Memo

                                 
BILL NUMBER: S6460A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the penal law, in relation to sex trafficking of a
vulnerable person

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would make it easier for prosecutors to bring charges against
those who exploit disabled individuals for sex trafficking, and would
establish the crime of predatory sex trafficking as a class A-II felony.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new subdivision 2 to

§ 230.34-a to provide that a person is guilty of sex trafficking of a
vulnerable person when he or she intentionally profits from the prosti-
tution of a vulnerable person and by amending subdivision 3 of

§ 230.34-a to define "vulnerable person".

Section 2 amends the penal law by adding a new § 230.34-b to establish
that a person is guilty of predatory sex trafficking, when being 18
years of age or older, he or she commits the crime of sex trafficking of
a child or vulnerable person, and establishes that predatory sex traf-
ficking is a class A-II felony.

Section 3 provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

Original

 
JUSTIFICATION:

Children are particularly vulnerable to being trafficked for sex. The
Legislature recognized both the heinousness of this crime and the diffi-
culty in bringing perpetrators to justice when it enacted chapter 189 of
the laws of 2018. Chapter 189 of the laws of 2018 established the crit-
ically needed criminal charge of sex trafficking of a child by eliminat-
ing the need to prove force, fraud or coercion.

A similar vulnerability exists with respect to victims of sex traffick-
ing who are mentally disabled, mentally incapacitated or physically
helpless. (1)

This bill therefor amends Penal Law § 130.97 to add the sex trafficking
of vulnerable persons to the current law regarding the sex trafficking
of children.

Preying upon children and vulnerable persons for sex trafficking is
especially heinous conduct. Establishing predatory sex trafficking as a
class A-II felony is therefore appropriate.

 
PRIOR LEGISLATIVE HISTORY:

A.2369 of 2019-2020;

A.11375 of 2017-2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
90 days after it shall have become a law.

2025-S6460A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6460--A
 
                        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  --  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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03011-02-6

 S. 6460--A                          2

 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.
   (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 230.34-b to read
 as follows:
 § 230.34-B 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.

co-Sponsors

2025-S6460B (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §230.34-a, add §230.34-b, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8583
2023-2024: S3171

2025-S6460B (ACTIVE) - Summary

Establishes the crimes of sex trafficking of a vulnerable person and predatory sex trafficking when a person intentionally advances or profits from prostitution of a vulnerable person.

2025-S6460B (ACTIVE) - Sponsor Memo

2025-S6460B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6460--B
     Cal. No. 883
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 14, 2025
                                ___________
 
 Introduced  by Sens. CLEARE, GALLIVAN -- 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, ordered to first  report,  amended  on  first  report,
   ordered  to a second report and ordered reprinted, retaining its place
   in the order of second report
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03011-04-6
 S. 6460--B                          2
 
   (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.
   (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 230.34-b to read
 as follows:
 § 230.34-B 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 AS
 DEFINED IN SECTION 230.34 OF THIS ARTICLE OR THE CRIME OF SEX  TRAFFICK-
 ING  OF  A  CHILD OR VULNERABLE PERSON AS DEFINED IN SECTION 230.34-A OF
 THIS ARTICLE, AND HAS A PREVIOUS CONVICTION OF EITHER SUCH CRIME.
   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.

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Senate Bill S6460A

Sponsored By

Current Bill Status - On Floor Calendar

Actions

Votes

May 4, 2026 - Codes Committee Vote

Codes Committee Vote: May 4, 2026

Bill Amendments

2025-S6460 - Details

2025-S6460 - Summary

2025-S6460 - Sponsor Memo

2025-S6460 - Bill Text download pdf

co-Sponsors

2025-S6460A - Details

2025-S6460A - Summary

2025-S6460A - Sponsor Memo

2025-S6460A - Bill Text download pdf

co-Sponsors

2025-S6460B (ACTIVE) - Details

2025-S6460B (ACTIVE) - Summary

2025-S6460B (ACTIVE) - Sponsor Memo

2025-S6460B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Cordell Cleare

Current Bill Status - On Floor Calendar

Actions

Votes

Bill Amendments

2025-S6460 - Details

2025-S6460 - Summary

2025-S6460 - Sponsor Memo

2025-S6460 - Bill Text download pdf

co-Sponsors

Patrick M. Gallivan

2025-S6460A - Details

2025-S6460A - Summary

2025-S6460A - Sponsor Memo

2025-S6460A - Bill Text download pdf

co-Sponsors

Patrick M. Gallivan

2025-S6460B (ACTIVE) - Details

2025-S6460B (ACTIVE) - Summary

2025-S6460B (ACTIVE) - Sponsor Memo

2025-S6460B (ACTIVE) - Bill Text download pdf

Comments