Senate Bill S392

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

  • 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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2023-S392 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §230.34-a, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S8723

2023-S392 (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.

2023-S392 (ACTIVE) - Sponsor Memo

2023-S392 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    392
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 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

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

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