Enacts the "victims protection and child sex buyer accountability act"

◆ The sponsor's argument

Why Zellnor Myrie says this is needed

New York law has long failed to fully protect all minors from sexual exploitation. Although federal law considers anyone under eighteen involved in commercial sex to be a victim of sex trafficking, New York's Penal Law only extends full felony protection to those under fifteen or seventeen depending on the charge. This outdated tiered framework has created a glaring loophole: a person can pay for sex with a fifteen-, sixteen-, or seventeen-year-old and avoid the most serious consequences simply because of the victim's age. Given that a significant percentage of child sexual exploitation victims in New York are girls and young people of color, this lack of recognition under the law as both children and crime victims can be seen as a form of adultification bias - an established form of implicit bias whereby children of color, often Black children, are perceived as older and less innocent than their peers by adults and systems professionals. In addition, given the significant and relentless issue of online exploitation of minors, this law would give law enforcement the necessary tools to address the issue of adults buying minors for sex on the Internet in New York State. This bill ends this injustice by establishing a uniform, bright-line rule determining that all children under the age of eighteen are legally incapable of consenting to commercial sex and ensures that sex buyers who exploit a minor's vulnerability face appropriate felony charges. In addition, the bill updates the statute on "compelling prostitution" to reflect modern trafficking dynamics, including manipulation, psycho- logical coercion, and abuse of trust tactics frequently used in "boyfriend" or grooming-based exploitation. Importantly, the bill would only apply to sex buyers over the age of 21 given New York's raise-the-age statute. Moreover, minor buyers would benefit greatly from a youth justice response, including services and community-based support. To conclude, this legislation: (1) brings New York in line with federal law that no one under eighteen can legally be patronized or prostituted; (2) reflects a trauma-informed approach rooted in survivor experience; and (3) ensures that buyers and traffickers-not the exploited-bear the weight of accountability.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.