230.34 - Sex trafficking.

§ 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