New York Penal Law § 230.34-a: Sex Trafficking of a Child

Sex trafficking is a serious criminal offense that involves the exploitation of vulnerable individuals for sexual services, and in the case of children, it is especially heinous due to their inability to legally consent and their heightened vulnerability. Under New York Penal Law § 230.34-a, sex trafficking of a child is considered one of the most serious forms of sexual exploitation, and it carries significant legal consequences for those who engage in or profit from such crimes. This statute specifically addresses individuals who, being 21 years or older, engage in the trafficking of minors for prostitution.

In recent years, there have been several high-profile sex trafficking of minors cases, including the Jeffrey Epstein case. While Epstein did not face charges under § 230.34-a, he was charged and convicted of federal sex trafficking of minors charges. Epstein’s case demonstrates the pervasiveness of sex trafficking and both state and federal governments' commitment to addressing the problem of sex trafficking of minors.

If you are facing charges related to sex trafficking of a child, it is important to contact an experienced New York sex crimes lawyer who can help navigate the complexities of the legal process and work to protect your rights.

Under this statute, a person can be found guilty of sex trafficking of a child if they, being 21 years old or older, intentionally advance or profit from the prostitution of a person under 18 years old. The law specifically excludes the defendant's knowledge of the child's age as a defense, meaning that a defendant cannot avoid liability by claiming they did not know the victim was a minor or believed the minor to be of legal age. This provision is critical because it emphasizes that the law focuses on the actions and intent of the defendant rather than their knowledge of the victim's age.

Example: A 24-year-old man arranges for a 16-year-old girl to be transported from one city to another and placed in a hotel room where he has scheduled appointments for her to engage in sex acts with paying customers. He collects all the proceeds from her activities. Even if he claims he believed she was 19, he can be charged with sex trafficking of a child under § 230.34-a because he profited from the prostitution of a minor, and the law does not require proof that he knew her actual age.

• Age of the Defendant: The statute applies to individuals who are at least 21 years old. The law imposes stricter penalties for those who are older and take advantage of vulnerable minors.
• The Victim: The victim must be a child who is less than 18 years old at the time of the offense. This is a broad category that encompasses anyone who is under the age of 18, which includes adolescents and pre-adolescents.
• Advancing Prostitution: The statute defines "advancing prostitution" as engaging in conduct that facilitates the act of prostitution. This may include any activities that directly enable the prostitution enterprise, such as recruiting minors, transporting them to places where prostitution occurs, or providing the means for the victim to engage in prostitution.
• Profiting from Prostitution: "Profiting from prostitution" refers to a person who does not engage directly in prostitution but receives money or other property in exchange for their involvement in the prostitution enterprise. This could include organizers, pimps, or others who manage or financially benefit from the exploitation of a child in prostitution.
• Intent: A defendant must have the intent to advance or profit from prostitution. This mental state is critical, as it establishes the defendant's purpose in engaging in the criminal conduct.

The law establishes that even if a defendant claims not to know the victim's age or believes the child to be of legal age (18 or older), this knowledge or belief does not mitigate the crime. This strict liability approach ensures that those who exploit minors for prostitution are held accountable regardless of their awareness of the victim's age.

To further clarify the terms "advances prostitution" and "profits from prostitution," the statute offers detailed definitions:

• Advancing Prostitution: A person is said to advance prostitution when they engage in activities that directly facilitate prostitution. This could include activities like arranging meetings, recruiting minors for prostitution, providing transportation to prostitution venues, or providing any other form of support that enables the prostitution enterprise. Essentially, anyone who takes actions to further the act of prostitution is considered to be advancing it under the law.
• Profiting from Prostitution: A person profits from prostitution if they accept or receive money or property in exchange for their involvement in the prostitution enterprise. This may include individuals who manage or control prostitutes, such as pimps, or those who otherwise financially benefit from the exploitation of minors in prostitution. It’s important to note that the defendant does not have to engage in the act of prostitution themselves to be considered guilty of profiting from it.

Both "advancing" and "profiting" from prostitution are sufficient to satisfy the criminal elements of sex trafficking of a child, and a defendant can be convicted if they are found to have engaged in either activity.

Sex trafficking of a child is classified as a class B felony under New York law. Felonies are serious crimes, and a class B felony carries significant penalties upon conviction.

• Imprisonment: A conviction for sex trafficking of a child can result in a lengthy prison sentence. Under New York Penal Law § 70.00, the sentence for a class B felony can range from 5 to 25 years in prison, depending on the circumstances of the case and any prior criminal history.
• Probation: In addition to or instead of imprisonment, a defendant may face probation. Probation typically lasts several years and can impose strict conditions, such as regular check-ins with a probation officer, restrictions on where the defendant can live or work, and other limitations on personal freedoms.
• Sex Offender Registration: As a serious sex crime, a conviction for sex trafficking of a child mandates that the defendant register as a sex offender under New York's Sex Offender Registration Act (SORA). This includes lifetime registration, which imposes additional restrictions on residency, employment, and travel.
• Collateral Consequences: Beyond the direct criminal penalties, a conviction for sex trafficking of a child can have far-reaching consequences. Defendants may face:
• Employment Barriers: Many employers may refuse to hire individuals convicted of sex-related crimes, particularly those involving minors.
• Housing Restrictions: Those convicted may be barred from living in certain areas, particularly near schools or other places where children are present.
• Immigration Consequences: Non-citizens convicted of sex trafficking may face deportation or be barred from re-entering the U.S.
• Family Law Impact: A conviction can negatively impact child custody and visitation rights, as courts may view the defendant’s criminal history as evidence of their ability to care for a child.

While sex trafficking of a child is a serious offense, there are defenses that may be available to those charged with the crime. However, these defenses are limited, and the statute's strict liability provision regarding the victim's age significantly reduces the potential for successful defense arguments.

• Lack of Knowledge of the Victim’s Age: As previously mentioned, the defendant’s knowledge of the victim’s age is not a valid defense under New York Penal Law § 230.34-a. The law clearly states that the defendant's belief that the victim is 18 or older does not excuse the crime.
• Insufficient Evidence: The prosecution must prove all elements of the crime beyond a reasonable doubt. If the evidence does not establish that the defendant engaged in advancing or profiting from prostitution, or that the victim was under 18, the charge may be reduced or dismissed.
• Entrapment: Under New York Penal Law § 40.05, entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. However, to successfully argue entrapment, the defendant must prove that they were induced by law enforcement to commit the offense, not just provided with an opportunity to commit it.

Under New York law, the statute of limitations for a class B felony such as sex trafficking of a child is generally 5 years from the date of the offense. However, if the victim was under 18 at the time of the crime, the statute of limitations may be extended, allowing additional time for the prosecution to bring charges. This extension reflects the understanding that minors may not immediately come forward with reports of abuse or trafficking. Additionally, if the defendant leaves the state, the statute of limitations may be paused until they return, effectively tolling the time limit during their absence.

Given the complexities surrounding the statute of limitations in sex trafficking cases, it is vital to seek the guidance of an experienced sex crimes attorney serving New York who can help ensure that deadlines are met, evidence is properly preserved, and your case is handled with the attention it deserves.

1. A person is guilty of sex trafficking of a child when they, being twenty-one years old or older, intentionally advance or profit from the prostitution of another person, and such person is a child under eighteen years old. Knowledge by the defendant of the age of the child is not an element of this offense, and it is not a defense to prosecution that the defendant did not know the age of the child or believed the child’s age to be eighteen or over.
2. For the purposes of this section:
   1. A person "advances prostitution" when, acting other than as a person in prostitution or as a patron thereof, and with the intent to cause prostitution, directly engages in conduct that facilitates an act or enterprise of prostitution.
   2. A person "profits from prostitution" when, acting other than as a person in prostitution receiving compensation for personally rendered prostitution services, and with the intent to facilitate prostitution, accepts or receives money or other property pursuant to an agreement or understanding with any person whereby they participate in the proceeds of prostitution activity.

Sex trafficking of a child is a class B felony.

If you or a loved one is facing charges under NY Penal Law § 230.34-a for sex trafficking of a child, it is important to act quickly and seek legal representation. The consequences of a conviction are severe and can impact your life for years to come. A skilled sex crimes attorney in New York can help you navigate the legal process and work to achieve the best possible outcome, whether through negotiating a plea, reducing charges, or seeking a case dismissal.

At Stephen Bilkis & Associates, we are dedicated to providing strong defense strategies tailored to your case. Contact us today at 800.696.9529 for a free consultation. Our experienced team represents clients throughout New York, including in Manhattan, Brooklyn, the Bronx, Long Island, Queens, Staten Island, and surrounding areas. Let us help you protect your rights and pursue the most favorable resolution for your case.