S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2369
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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,
 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-
 cution 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 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.
              

                                                            LBD07280-01-9

 A. 2369                             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, HE OR SHE 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.