Charged with Human Trafficking in New York? Call Us Today! 

The State of New York takes the crime of human trafficking extremely seriously. If you have been accused of human trafficking, there is no time to waste, every minute counts.  The laws surrounding these crimes are extremely complex and difficult to navigate on your own. Having an expert defense attorney in your corner can make all the difference.

The Legal Definition of Human Trafficking 

The crime of human trafficking under New York law is divided into two distinct categories, labor trafficking, and sex trafficking.

New York Penal Code Article 135.35 outlines the crime of labor trafficking. Labor trafficking is a class D felony. The crime of labor trafficking requires you to induce another person to engage in labor or lures, harbors or transports other persons by intentionally:

• Requiring labor be performed in order to repay a debt that has occurred in a fraudulent manner;
• Removing and retaining or destroying governmental identification in an attempt to impair another’s freedom of movement; or
• Using force or the threats to coerce a person into engaging in labor.

In order to get a better understanding of how the crime of labor trafficking works, let’s take a deeper dive into the situations of the statute.

Labor as Repayment 

The first situation in which labor trafficking may occur is where labor is used to repay a debt caused by the accused. When an employer engages in labor trafficking, they often construct a system where the worker is charged an amount for living expenses and basic necessities that exceed the wages they are paid.

An employer may force trafficked workers to purchase their own uniforms and supplies, at a rate that will keep them permanently indebted to the employer.

Confiscation of Documents 

Immigrant workers are frequently trafficked for the purposes of labor. A crucial component to keep labor trafficked workers powerless is confiscating, withholding, or destroying government documents. This withholding must be done with the intent to restrict the worker’s freedom of movement. There is an exception for cases in which the withholding is done for the purposes of legitimate investigations by either social security administration or immigration agencies.  

Using Force or Threats of Force

Another common situation surrounding labor trafficking is the use of force or the threat of use of force to compel a person to engage or continue to engage in labor.

There are several examples of threats of force that satisfy this burden, such as:

• Threats of physical injury or death;
• Threats of damage to the property of another;
• Threats of unlawful imprisonment
• Threats to expose a secret that likely exposes the victim to scorn;
• Threats to testify or withhold testimony in a legal claim;
• Abusing a position of power as a public servant by threatening to take or withhold official action; or
• Causing criminal or deportation proceedings to be instituted against a person.

Important Note: It is important to note, however, that causing criminal or deportation proceedings to be instituted against a person is permitted in situations where the defendant reasonably believed the threatened charges to be true, and the defendant’s sole purpose was to get the subject of the threatened charge to right a wrong.

The crime of sex trafficking is codified in New York Penal Code Article 230.34. 

Sex trafficking is a class B felony. You are guilty of sex trafficking if you intentionally profit from prostitution in one of the following situations.

• Providing a mentally impairing drug or narcotic to a person with the intent to impair that person’s judgment;
• Making false statements for the purpose of inducing the patronized into remaining;
• Removing and retaining or destroying governmental identification in an attempt to impair another’s freedom of movement;
• Requiring prostitution be used as a form of repayment for a real or purported debt; or
• Using force or the threats to coerce a person into engaging in prostitution.

In order to get a better understanding of how the crime of sex trafficking works, let’s take a deeper dive into the situations of the statute.

Providing a Mentally Impairing Substance 

In cases of sex trafficking, it is common for the victims to be given substances intended to impair the victim’s judgment. There are some specific substances listed in the statute, including:

• A narcotic drug;
• Concentrated cannabis
• Methadone
• Gamma-hydroxybutyrate or flunitrazepan

Making False Statements

In sex trafficking, the perpetrator often prays on the lack of sophistication of the victims. One way in which the perpetrators use this to their advantage is the use of materially false statements or omissions. Sex traffickers frequently deceive the victims by telling them lies and half-truths. An elaborate web of lies perpetuated by the sex traffickers entraps many victims. 

Other Trafficking Crimes 

NY PL § 135.37 lays out the crime of aggravated labor trafficking. If you participate in labor trafficking by means of providing a controlled substance to the victim with the intent of impairing that person’s judgment, you are guilty of aggravated labor trafficking. Aggravated labor trafficking is a class C felony, punishable by up to fifteen (15) years in prison or probation and a fine.

NY PL § 230.34-a outlines the crime of sex trafficking of a child. In order to be guilty of this crime, you must be an adult twenty-one (21) years or older and advance or profit from the prostitution of a child under the age of eighteen (18).

This is a strict liability offense and whether the trafficker had knowledge the victim was minor is irrelevant and not a defense. You “advance prostitution” when you directly engage in conduct that facilitates the occurrence of prostitution. Sex trafficking of a child is a class B felony, punishable by up to twenty-five (25) year in prison and a fine.  

Related Crimes 

In addition to charges of labor or sex trafficking, you may also be charged with other related offenses.

Related Offense #1

Unlawful Imprisonment

• NY PL § 135.05 (Second Degree)

• When you restrain another person
• To “restrain” is to unlawfully restrict one’s movement in a way that interferes substantially with his/her liberty without consent.
• Class A misdemeanor

o   Maximum of one (1) year imprisonment or three (3) years probation.

o   Fine not to exceed $1,000 or double the amount of the gain received.

• NY PL § 135.10 (First Degree)

• • When you restrain a person in a way that exposes that person to a risk of serious injury.
  • Class E felony

o   Maximum of four (4) years of imprisonment or probation.

o   Fine 

Related Offense #2

Kidnapping

• NY PL § 135.20 (Second Degree)

• When you abduct another person

o   To “abduct” is to restrain another with the intent to prevent their release by holding them in a place they are unlikely to be found or by use of deadly force or threat of deadly force.

• Class B felony

o   Maximum of twenty-five (25) years imprisonment.

o   Fine.

• NY PL § 135.25 (First Degree)

• When you abduct a person, and one of the following is true:

o   Your intent is to coerce a third person into paying money or property for the person release; or

o   Restrain the person for twelve (12) hours or more with the intent to:

• Inflict bodily injury; or
• Violate them sexually; or
• Commit a felony; or
• Terrorize them or a third person; or
• Interference with the performance of a political or governmental function.

o   The abducted person dies before being returned to safety.

• Class A-1 felony

o   Maximum of life imprisonment without the possibility of parole.

o   Fine

Related Offense #3

Custodial Interference

• NY PL § 135.45 (Second Degree)

• You are the relative of a child under the age of sixteen (16), and take such child without permission and with the intent to keep the child for an extended period of time; or
• Taking such a child from lawful custody
• Class A misdemeanor

o   Maximum of one (1) year imprisonment or three (3) years probation.

o   Fine not to exceed $1,000 or double the amount of the gain received.

• NY PL § 135.50 (First Degree)

• You commit custodial interference in the second degree:

o   With the intent to remove the victim from the state, and successfully doing so; or

o   Under circumstances that expose the victim to the risk of endangerment.

• Class E felony

o   Maximum of four (4) years of imprisonment or probation.

o   Fine

Related Offense #4

Promoting Prostitution

• NY PL § 230.25 (Third Degree)

• When you knowingly advance or profit from prostitution by operating, controlling, or owning a business profiting from prostitution; or
• Advances or profits from the prostitution of a person less than nineteen (19) years old.
• Class D felony

o   Maximum of seven (7) years of imprisonment or probation.

o   Fine.

• NY PL § 230.30 (Second Degree)

• When you knowingly advance prostitution by force or intimidation or profit from it; or
• When you profit from or advance prostitution of a child under eighteen (18) years old.
• Class C felony

o   Maximum of fifteen (15) years imprisonment or probation.

o   Fine.

• NY PL § 230.32 (First Degree)

• When you knowingly advance or profit from the prostitution of a person less than thirteen (13) years old; or
• When you, being over twenty-one (21) years old advance or profit from the prostitution of a person younger than fifteen (15) years old
• Class B felony

o   Maximum of twenty-five (25) years imprisonment.

o   Fine.

Related Offense #5

Compelling Prostitution

• NY PL § 230.33

• When you, being an adult of at least eighteen (18) years, knowingly force a minor into prostitution by force or intimidation
• Class B felony

o   Maximum of twenty-five (25) years imprisonment.

o   Fine.

Related Offense #6

Permitting Prostitution

• NY PL § 230.40

• When you have control of a vehicle or premises you know is being used for prostitution and make no reasonable effort to remedy the situation.
• Class B misdemeanor

o   Maximum of three (3) months imprisonment or one (1) year of probation

o   A fine not to exceed $500 or twice the amount of the gains of the crime.

Agencies Investigating and Prosecuting Human Trafficking Crimes 

Human trafficking is an extremely serious crime, and many different agencies are responsible for enforcing human trafficking laws. Local, state, and federal law enforcement officers are trained to search for the signs of human trafficking. In addition to these agencies, immigration officials are frequently involved, since many trafficking victims are from outside the United States.

There are also many volunteer organizations that assist law enforcement in investigating and eliminating human trafficking. Citizens may call their own complaints into law enforcement on their own or through the Nation Human Trafficking Resource Center Hotline.

Federal agencies such as the FBI frequently convene special human trafficking tasks forces. These special task forces are often formed at the local and state law enforcement level. With so many governmental and non-governmental actors working together against you, don’t attempt to fight these charges alone.

Penalties for Violating Human Trafficking Statutes 

The crime of labor trafficking, as defined under NY PL § 135.50, is a class D felony. In New York, a class D felony is punishable by up to seven (7) years in jail or probation and a fine. If the crime of labor trafficking is undertaken using a controlled substance, it becomes aggravated labor trafficking and is elevated to a class C felony.

In New York, a class C felony is punishable by up to fifteen (15) years in jail or probation and a fine.

The crime of sex trafficking, as defined under NY PL § 230.34, is a class B felony.

In New York, a class B felony is punishable by up to twenty-five (25) years in jail and a fine. The crime of sex trafficking of a child, as defined under NY PL § 230.34-a, is also a class B felony.

Legal Defenses to Human Trafficking Crimes 

There are some legal defenses that may be available to protect against human trafficking and related charges, such as: 

Defense #1 – Statutory Defenses 

• Under NY PL § 135.15, if you restrain a child under the age of sixteen (16) years old, that you are related to, and the only reason for doing so was to take control the child, you have an affirmative defense to the crime of unlawful imprisonment.
• Under NY PL § 135.30, if the person you abduct is a relative and the only reason for doing so was to take control of such person, you have an affirmative defense to the crime of kidnapping.
• Under NY PL § 135.36, if you have been forced into labor, you will not be deemed an accomplice to labor trafficking.
• Under NY PL § 230.35, if you are under eighteen (18) and have been compelled into prostitution, you shall not be deemed to be an accomplice to promoting or compelling prostitution.
• Under NY PL § 230.36, if you have been compelled into prostitution activity, you shall not be deemed an accomplice to sex trafficking.

We Are Here To Help, Call Us Now! 

Human trafficking is an extremely serious crime with severe consequences. Many different governmental and non-governmental entities collaborate to detect and prosecute human trafficking cases.

You need an experienced legal professional on your side who has experience dealing with these serious types of cases. Any interaction you have with law enforcement without the assistance of an attorney can lead to extended time behind bars for you.

Even the mere accusation of human trafficking carries serious connotation for the accused. Do not take any chances with your defense. Call us today to speak with one of our knowledgeable criminal defense attorneys. We have an office nearby that can assist you.