Bill Text: NY S08723 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-05 - REFERRED TO CODES [S08723 Detail]

Download: New_York-2021-S08723-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8723

                    IN SENATE

                                      April 5, 2022
                                       ___________

        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:

     1    Section 1. Section 230.34-a of the penal law, as added by chapter  189
     2  of the laws of 2018, is amended to read as follows:
     3  § 230.34-a Sex  trafficking of a child, person who is mentally disabled,
     4               or person who is mentally incapacitated.
     5    1. A person is guilty of sex trafficking of a  child,  person  who  is
     6  mentally disabled, or person who is mentally incapacitated when:
     7    (a)  he  or  she,  being  twenty-one  years old or more, intentionally
     8  advances or profits from prostitution of another person and such  person
     9  is  a  child less than eighteen years old. Knowledge by the defendant of
    10  the age of such child is not an element of this offense and it is not  a
    11  defense  to  a  prosecution therefor that the defendant did not know the
    12  age of the child or believed such age to be eighteen or over; or
    13    (b) he or she intentionally advances or profits from  prostitution  of
    14  another person and such person is mentally disabled or mentally incapac-
    15  itated.
    16    2. For purposes of this section:
    17    (a)  A  person  "advances  prostitution"  when, acting other than as a
    18  person in prostitution or as a patron thereof, and with intent to  cause
    19  prostitution,  he or she directly engages in conduct that facilitates an
    20  act or enterprise of prostitution.
    21    (b) A person "profits from prostitution" when, acting other than as  a
    22  person  in  prostitution  receiving compensation for personally rendered
    23  prostitution services, and with intent to facilitate prostitution, he or
    24  she accepts or receives money or other property pursuant to an agreement
    25  or understanding with any person whereby he or she participates  in  the
    26  proceeds of prostitution activity.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15286-01-2
        S. 8723                             2

     1    (c)  The  terms "mentally disabled" and "mentally incapacitated" shall
     2  have the same meanings set forth in section 130.00 of this chapter.
     3    Sex trafficking of a child, person who is mentally disabled, or person
     4  who is mentally incapacitated is a class B felony.
     5    §  2.  This  act shall take effect on the ninetieth day after it shall
     6  have become a law.