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NY S02005
Bill
Status
1/14/2025
Primary Sponsor
Liz Krueger
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AI Summary
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Repeals the crime of prostitution (Section 230.00) and prostitution in a school zone (Section 230.03) from the Penal Law, effectively decriminalizing the selling of sex while maintaining criminal penalties for buyers and traffickers
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Creates an automatic vacatur and expungement process for prior convictions under the repealed prostitution statutes, with the chief administrative judge required to identify and process all eligible cases within one year
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Establishes the Victims of Sexual Exploitation Fund, funded by income-based fines on those convicted of patronizing or promoting prostitution, with fines ranging from $50 to $1,000 based on net taxable income for patronizing offenses and $1,000 to $50,000 for promoting/trafficking offenses
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Expands the definition of "sexually exploited individual" from persons under 18 to persons under 24, increasing eligibility for safe harbor services, short-term safe houses, and other support programs
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Prohibits possession of condoms or other reproductive/sexual health devices from being used as evidence in any prostitution-related prosecution or civil proceeding, and requires law enforcement training on this evidentiary prohibition
Legislative Description
Relates to certain prostitution offenses and fines relating thereto; relates to motions to vacate judgment and motions for new sentencing; relates to investigation into acts alleged to be the unauthorized practice of massage therapy by potential victims of human trafficking; prohibits the possession of reproductive or sexual health devices from being permitted in specified criminal or civil proceedings as evidence of prostitution; relates to services for exploited individuals, services for victims of human trafficking and the interagency task force on human trafficking; establishes the victims of sexual exploitation fund; makes conforming changes; repeals provisions relating to prostitution, prostitution in a school zone, defense against patronizing a person for prostitution and a motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint.
Last Action
REFERRED TO CODES
1/7/2026