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.

Statutes affected:
S6460: 230.34-a penal law