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135.35 – Labor trafficking

§ 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
    ongoing 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 accordance 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
    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.

Criminal Laws NY

Criminal Laws NY