Section 230.34. Sex trafficking  


Latest version.
  • A  person  is  guilty  of  sex  trafficking if he or she intentionally
      advances or profits from prostitution by:
        1. unlawfully providing to a person who is patronized, with intent  to
      impair  said  person's  judgment:  (a)  a  narcotic  drug  or a narcotic
      preparation; (b) concentrated cannabis as defined in  paragraph  (a)  of
      subdivision  four  of  section  thirty-three  hundred  two of the public
      health  law;  (c)  methadone;  or  (d)  gamma-hydroxybutyrate  (GHB)  or
      flunitrazepan, also known as Rohypnol;
        2.  making  material  false statements, misstatements, or omissions to
      induce or maintain the person being patronized to engage in or  continue
      to engage in prostitution activity;
        3.  withholding,  destroying,  or confiscating any actual or purported
      passport,  immigration  document,  or  any  other  actual  or  purported
      government  identification  document  of  another  person with intent to
      impair said person's freedom of movement; provided, however,  that  this
      subdivision  shall  not apply to an attempt to correct a social security
      administration record or immigration agency record  in  accordance  with
      any  local,  state, or federal agency requirement, where such attempt is
      not made for the purpose of any express or implied threat;
        4. requiring that prostitution  be  performed  to  retire,  repay,  or
      service a real or purported debt;
        5. using force or engaging in any scheme, plan or pattern to compel or
      induce the person being patronized to engage in or continue to engage in
      prostitution  activity by means of instilling a fear in the person being
      patronized that, if the demand  is  not  complied  with,  the  actor  or
      another will do one or more of the following:
        (a)  cause  physical  injury,  serious  physical injury, or death to a
      person; or
        (b) cause damage to property, other than the property of the actor; or
        (c)  engage  in  other  conduct  constituting  a  felony  or  unlawful
      imprisonment in the second degree in violation of section 135.05 of this
      chapter; or
        (d)  accuse  some  person  of  a  crime  or  cause criminal charges or
      deportation proceedings to be instituted against some person;  provided,
      however,  that  it  shall  be an affirmative defense to this subdivision
      that the defendant reasonably believed the threatened charge to be  true
      and  that  his or her sole purpose was to compel or induce the victim to
      take reasonable action to make good the wrong which was the  subject  of
      such threatened charge; or
        (e)  expose  a  secret  or publicize an asserted fact, whether true or
      false, tending to subject some person to hatred, contempt  or  ridicule;
      or
        (f)   testify   or   provide  information  or  withhold  testimony  or
      information with respect to another's legal claim or defense; or
        (g) use or abuse his or her position as a public servant by performing
      some act within or related to his or her official duties, or by  failing
      or  refusing  to  perform  an official duty, in such manner as to affect
      some person adversely; or
        (h) perform any other act which would not in itself materially benefit
      the actor but which is calculated to harm the person who  is  patronized
      materially  with  respect  to  his or her health, safety, or immigration
      status.
        Sex trafficking is a class B felony