§ 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
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
