§ 230.34 Sex trafficking.\n A person is guilty of sex trafficking if he or she intentionally\nadvances or profits from prostitution by:\n 1. unlawfully providing to a person who is patronized, with intent to\nimpair said person's judgment: (a) a narcotic drug or a narcotic\npreparation; (b) concentrated cannabis as defined in paragraph (a) of\nsubdivision four of section thirty-three hundred two of the public\nhealth law; (c) methadone; or (d) gamma-hydroxybutyrate (GHB) or\nflunitrazepan, also known as Rohypnol;\n 2. making material false statements, misstatements, or omissions to\ninduce or maintain the person being patronized to engage in or continue\nto engage in prostitution activity;\n 3. withholding, destroying, or confiscating any actual or purported\npassport, immigration document, or any other actual or purported\ngovernment identification document of another person with intent to\nimpair said person's freedom of movement; provided, however, that this\nsubdivision shall not apply to an attempt to correct a social security\nadministration record or immigration agency record in accordance with\nany local, state, or federal agency requirement, where such attempt is\nnot made for the purpose of any express or implied threat;\n 4. requiring that prostitution be performed to retire, repay, or\nservice a real or purported debt;\n 5. using force or engaging in any scheme, plan or pattern to compel or\ninduce the person being patronized to engage in or continue to engage in\nprostitution activity by means of instilling a fear in the person being\npatronized that, if the demand is not complied with, the actor or\nanother will do one or more of the following:\n (a) cause physical injury, serious physical injury, or death to a\nperson; or\n (b) cause damage to property, other than the property of the actor; or\n (c) engage in other conduct constituting a felony or unlawful\nimprisonment in the second degree in violation of section 135.05 of this\nchapter; or\n (d) accuse some person of a crime or cause criminal charges or\ndeportation proceedings to be instituted against some person; provided,\nhowever, that it shall be an affirmative defense to this subdivision\nthat the defendant reasonably believed the threatened charge to be true\nand that his or her sole purpose was to compel or induce the victim to\ntake reasonable action to make good the wrong which was the subject of\nsuch threatened charge; or\n (e) expose a secret or publicize an asserted fact, whether true or\nfalse, tending to subject some person to hatred, contempt or ridicule;\nor\n (f) testify or provide information or withhold testimony or\ninformation with respect to another's legal claim or defense; or\n (g) use or abuse his or her position as a public servant by performing\nsome act within or related to his or her official duties, or by failing\nor refusing to perform an official duty, in such manner as to affect\nsome person adversely; or\n (h) perform any other act which would not in itself materially benefit\nthe actor but which is calculated to harm the person who is patronized\nmaterially with respect to his or her health, safety, or immigration\nstatus.\n Sex trafficking is a class B felony\n
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