Penal Law § 230.01

Prostitution; affirmative defense  ·  as in force on May 31, 2026

§ 230.01 Prostitution; affirmative defense.

In any prosecution under section 230.00, section 230.03, section 230.19, section 230.20, subdivision 2 of section 230.25, subdivision 2 of section 230.30 or section 230.34-a of this article, it is an affirmative defense that the defendant's participation in the offense was a result of having been a victim of compelling prostitution under section 230.33 of this article, a victim of sex trafficking under section 230.34 of this article, a victim of sex trafficking of a child under section 230.34-a of this article or a victim of trafficking in persons under the trafficking victims protection act (United States Code, Title 22, Chapter 78).

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/230.01

In plain English

It is an affirmative defense that the defendant took part in the offense because the defendant was a victim of compelling prostitution (§ 230.33), sex trafficking (§ 230.34), sex trafficking of a child (§ 230.34-a), or trafficking in persons under the federal Trafficking Victims Protection Act (22 U.S.C. Chapter 78). ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.