New York Penal Law § 230.34: Sex Trafficking

Sex trafficking is an increasingly pervasive problem, with more victims being exploited each year. As awareness of this crime grows, New York law enforcement is dedicating more resources to combatting it, making sex trafficking a top priority in the state’s efforts to protect vulnerable individuals. High-profile cases have brought significant attention to the issue, including the ongoing case against music mogul Sean "Diddy" Combs. In September 2024, Combs was arrested following a grand jury indictment, facing charges that detail his alleged involvement in a sex trafficking and racketeering operation that exploited women through his business empire. This case highlights the growing focus on addressing trafficking at the highest levels of society, showing that no one is above scrutiny.

New York Penal Law § 230.34, which criminalizes sex trafficking, plays a critical role in this fight. The statute aims to hold traffickers accountable by targeting the various forms of exploitation and manipulation that allow sex trafficking to thrive. This includes actions like coercion, fraud, and the use of force to control individuals for prostitution. With enhanced focus and expanded resources, authorities are working tirelessly to address this issue, ensuring that those who engage in such criminal activities face the legal consequences they deserve.

If you or a loved one is facing charges related to sex trafficking, it is essential to consult with an experienced New York sex crimes lawyer to ensure your rights are protected throughout the legal process. The stakes in these cases are high, and a skilled attorney can help navigate the complexities of the law and work toward the best possible outcome.

Under New York Penal Law § 230.34, an individual can be charged with sex trafficking if they intentionally advance or profit from prostitution through specific prohibited actions. The statute identifies several ways in which a person can engage in sex trafficking, each targeting a different form of exploitation or manipulation.

• Providing Substances to Impair Judgment. One of the most serious forms of sex trafficking involves the administration of substances to impair a person's ability to consent or make rational decisions. The law specifically prohibits providing narcotics, methadone, concentrated cannabis, gamma-hydroxybutyrate (GHB), and flunitrazepam (commonly known as Rohypnol) to individuals involved in prostitution. The intent behind this provision is to reduce the victim's ability to resist or control their actions, thereby ensuring their continued involvement in the prostitution activities. For instance, if someone traffics a person by giving them narcotics or other impairing substances, knowing that this would affect the person’s judgment and participation in prostitution, the individual can be charged with sex trafficking. This provision is designed to protect individuals from being manipulated or incapacitated in order to force them into continued illegal activities.
• Making False Statements to Induce or Maintain Prostitution. Another common method of sex trafficking involves deception and manipulation. According to New York Penal Law § 230.34(2), a person is guilty of sex trafficking if they make material false statements, misstatements, or omissions to induce or maintain the involvement of an individual in prostitution. This provision targets individuals who deceive their victims, often making them believe they have no other choice but to engage in prostitution or continue doing so. For example, a trafficker might falsely promise a person that they will be paid a large sum of money or that they are helping them by offering employment, only to coerce them into prostitution through lies and deceit. The use of false promises, misinformation, or withholding important details is a powerful tool for traffickers who rely on their victims' lack of understanding of their situation. Having an experienced sex crimes attorney in New York can help protect your rights in such cases.
• Withholding Documents to Impair Freedom of Movement. Another major aspect of sex trafficking involves controlling the victim's freedom through the confiscation of identification documents. Section 230.34(3) makes it a crime for anyone to withhold, destroy, or confiscate passports, immigration documents, or any other government identification. By depriving the victim of their personal identification, traffickers can severely limit the victim’s ability to escape, contact authorities, or even travel freely. This tactic is often used in cases involving foreign nationals who may be vulnerable due to their lack of legal status or documentation. The trafficker may hold the victim's passport or immigration papers to further intimidate them, preventing them from escaping their situation. The law addresses this act as a serious form of control and exploitation under the broader umbrella of sex trafficking. An experienced New York sex crimes lawyer can help you understand the full extent of the law and its impact on your case.
• Forcing Prostitution to Repay Debt. Debt bondage is another form of coercion highlighted in New York Penal Law § 230.34(4). This provision makes it a crime to force someone into prostitution to "repay" a real or purported debt. Often, traffickers will claim that the victim owes money for some reason, such as transportation, shelter, or food. The trafficker will then force the individual to engage in prostitution in order to “work off” the debt, using the debt as leverage to keep them in the situation. The threat of increased debt or harm if they do not comply is a common tactic used by traffickers to manipulate victims. Under this provision, the law criminalizes this form of exploitation and seeks to protect individuals from being trapped in a cycle of debt and forced prostitution.
• Using Force or Threats of Harm to Compel Prostitution. The most extreme form of sex trafficking involves the use of force or threats of harm. According to New York Penal Law § 230.34(5), a person is guilty of sex trafficking if they use physical force or threats of serious physical injury or death to compel an individual to engage in prostitution. The law specifically targets traffickers who instill fear in the victim by threatening harm to the victim or others if the prostitution activity is not performed. For example, if a trafficker threatens to kill or seriously injure the victim or their family members if they refuse to engage in prostitution, this would be a violation of the law. This provision recognizes that fear and coercion are powerful tools of control, and the law seeks to provide protections against this extreme form of exploitation.
• Additional Coercive Tactics. The law also includes several other coercive tactics under this section. Traffickers may use various schemes, plans, or patterns of behavior to force or induce prostitution. These include threatening to cause damage to property, expose secrets, engage in illegal acts, or even manipulate the legal system through false accusations or the withholding of legal testimony. The breadth of these tactics ensures that any act designed to coerce a person into prostitution is covered by the law. For instance, a trafficker may use their influence as a public servant or employer to force an individual into prostitution, threatening to harm the victim’s career or reputation. These types of abuse of power are specifically criminalized under this statute.

Sex trafficking under New York Penal Law § 230.34 is classified as a Class B felony. This is a serious charge that carries significant penalties, reflecting the severity of the offense. A conviction for sex trafficking can lead to:

• Imprisonment: The defendant could face a lengthy prison sentence if convicted, with sentences ranging from several years to decades, depending on the circumstances of the case.
• Fines: In addition to a prison sentence, a defendant may be ordered to pay substantial fines, which can serve as an additional deterrent.
• Sex Offender Registration: Individuals convicted of sex trafficking are often required to register as sex offenders under the New York Sex Offender Registration Act (SORA), which imposes lifetime restrictions on residency, employment, and travel. People v. Gravino, 14 N.Y.3d 546 (2010), examines whether defendants must be informed of SORA requirements during a guilty plea colloquy. The Court of Appeals held that SORA registration is a collateral, not a direct, consequence of a guilty plea. Although the court acknowledged SORA’s profound impact on the defendant’s life, it distinguished it from post-release supervision, which is a direct consequence. This decision highlights how SORA, though not part of the immediate punishment, is one of the most significant long-term consequences of a conviction, shaping a convicted individual’s future.
• Other Collateral Consequences: Convictions can have long-lasting effects, including barriers to employment, housing restrictions, and immigration consequences for non-citizens. Additionally, the impact on the individual’s reputation and future opportunities can be devastating.

• Patronizing a person for prostitution in the first degree (NY Penal Law § 230.06) – when the person patronized is under eleven years old.
• Patronizing a person for prostitution in the third degree (NY Penal Law § 230.04) – when the person patronized is under seventeen years old.
• Promoting prostitution in the first degree (NY Penal Law § 230.32) – when a person profits from or compels prostitution through force or coercion.

While sex trafficking charges are serious and challenging to defend against, there are several potential defenses a defendant might raise in their case. These include:

• Lack of Knowledge or Intent. One of the primary defenses involves challenging the prosecution’s evidence, particularly the claim that the defendant knowingly participated in or profited from sex trafficking. If the prosecution cannot prove beyond a reasonable doubt that the defendant was aware of and intentionally involved in the trafficking activities, the defendant may be acquitted.
• Entrapment. Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise would not have committed. To successfully use the entrapment defense, the defendant must show that the police actions created a criminal intent where none existed before. If it can be proven that the defendant was coerced or manipulated into committing the offense by law enforcement, the entrapment defense may apply.
• Insufficient Evidence. If the evidence presented by the prosecution does not meet the burden of proof required to establish the defendant's involvement in sex trafficking, the defense may argue that the charges should be dropped. This could include a lack of physical evidence, witness testimony, or any substantial proof that the defendant engaged in trafficking or profited from prostitution.

Each of these defenses requires a thorough review of the facts and circumstances surrounding the case, and an experienced New York sex crimes lawyer can be vital in exploring these options to protect the defendant’s rights.

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:
   1. a narcotic drug or a narcotic preparation;
   2. concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law;
   3. methadone; or
   4. gamma-hydroxybutyrate (GHB) or flunitrazepam, 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:
   1. cause physical injury, serious physical injury, or death to a person;
   2. cause damage to property, other than the property of the actor;
   3. engage in other conduct constituting a felony or unlawful imprisonment in the second degree in violation of section 135.05 of this chapter;
   4. 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;
   5. expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule;
   6. testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
   7. 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
   8. 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.

If you or a loved one has been charged with sex trafficking or is facing accusations related to prostitution under New York Penal Law § 230.34, it is important to seek legal representation immediately. A conviction for sex trafficking is a serious offense that can result in long-term consequences, including significant prison time, fines, mandatory registration as a sex offender, and other collateral impacts on your personal and professional life.

At Stephen Bilkis & Associates, we understand the complexity and sensitivity of these cases, and we are committed to providing aggressive and thorough defense strategies to protect your rights. Our team of experienced New York sex crimes lawyers will review the details of your case, investigate all relevant evidence, and help build a defense that gives you the best possible chance at a favorable outcome.

We are here to fight for your rights and to ensure that you are treated fairly throughout the legal process. Contact us today at 800.696.9529 for a free consultation. We serve clients across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester County. Don’t face these charges alone—let us help guide you through this difficult situation with the skill and expertise of an experienced sex crimes attorney in New York.