PL 230.34 Sex trafficking Class B felony
§ 230.34  Sex trafficking.
  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  prepa-
ration;  (b) concentrated cannabis as defined in paragraph (a) of subdi-
vision 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 govern-
ment identification document of another person  with  intent  to  impair
said person's freedom of movement; provided, however, that this subdivi-
sion shall not apply to an attempt to correct a social security adminis-
tration  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 anoth-
er 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
chapter; or
  (d) accuse some person of a crime or cause criminal charges or  depor-
tation  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  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; 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.
SubdivisionElementsLesser IncludedGreater InclusoryNotes
Pleas
Sentences PL 230.34 (Non-Violent) PL 230.34(5)(a) or (b) (Violent)
offense by