§ 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:
- requiring that the labor be performed to retire, repay, or service
a real or purported debt that the actor has caused by a systematic
ongoing course of conduct with intent to defraud such person; - 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; - 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
imprisonment 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
deportation 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
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.Labor trafficking is a class D felony.
