BILL NUMBER: S6460B
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:
Penal Law is amended to assist 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.
 
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.
Victimizing children and vulnerable persons for sex trafficking is espe-
cially heinous conduct. Establishing predatory sex trafficking as a
class A-II felony is therefore appropriate.
 
PRIOR LEGISLATIVE HISTORY:
Previously Introduced.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
90 days after it shall have become a law.

Statutes affected:
S6460: 230.34-a penal law
S6460A: 230.34-a penal law
S6460B: 230.34-a penal law