PL 135.35 Labor trafficking Classification varies
§ 135.35 Labor trafficking.
  A person is guilty of labor  trafficking  if  he  or  she  compels  or
induces  another  to  engage  in labor or recruits, entices, harbors, or
transports such other person by means of intentionally:
  1.  requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic ongo-
ing course of conduct with intent to defraud such person;
  2.  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  accord-
ance  with  any  local, state, or federal agency requirement, where such
attempt is not made for the purpose of any express or implied threat;
 3. using force or engaging in any  scheme,  plan  or  pattern  to
compel or induce such person to engage in or continue to engage in labor
activity  by  means  of  instilling  a  fear in such person 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 impri-
sonment in the second degree in violation  of  section  135.05  of  this
article; or
  (d)  accuse some person of a crime or cause criminal charges or depor-
tation proceedings to  be  instituted  against  such  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 informa-
tion 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.
  Labor trafficking is a class D felony.

SubdivisionElementsLesser IncludedGreater InclusoryNotes
Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences PL 135.35 (D Non-violent) PL 135.35(3)(a) or (b) (D Violent)
offense by