Labor trafficking may sound complicated and confusing and in some ways it is. However, at the bare bones of the situation, labor trafficking applies when a person induces or compels another to engage in labor or transports, entices, recruits, or harbors another person for a specific means of labor. The labor the person is being made to do is not for pay or for any type of benefit on their own part, it is for some benefit to the original offender. These offenses are a D felony, meaning several years behind bars if convicted in court. If you are facing labor trafficking charges, call now for a free consultation with one of our experienced New York criminal attorneys to discuss tour case.
Labor trafficking has multiple different threads of the offense in which they apply, the first being when a person requires another to perform labor as means of repaying or servicing a fabricated or real debt to the original actor. This type of action would be ongoing and be done with intent to defraud the person being made to conduct labor in conjunction with paying off the supposed debt. An example of this would Person A making Person B feel as if they owe a debt of gratitude to them for having performed an action and in turn making them feel as if they have to work solely for Person A.
A second scenario where this situation applies is by Person A destroying, confiscating, or withholding any real or fake government identification documents of another person with the purpose of impairing Person B’s freedom of movement. This refers to a situation where Person A says they will provide a job (usually unpaid or for very low pay) for Person B, but Person A will be holding their government identification documents until they feel their ‘owed debt’ has been paid.
The third situation where labor trafficking will apply is when Person B is being forced to engage in a pattern, plan or scheme to continue in labor activities by Person A instilling a feeling a fear in them that if they do not comply, Person A will cause physical injury, serious physical injury or death, damage to property other than their own property, cause them to engage in conduct that would result in a felony. Additionally, Person A would have Person B in fear that they will be accused of criminal charges or cause deportation proceedings to occur, that Person A will reveal a secret or fact that would subject Person B to ridicule or contempt, that Person A will be testifying against them or use their position as a public servant to affect Person B adversely.
Labor trafficking charges are considerably complicated the more court proceedings continue and for someone who does not have experience with the court, it can be overwhelming. Our experienced team of New York criminal attorneys have years of experience mitigating criminal charges for our clients and obtaining positive outcomes in most situations. Call now for a free consultation on your case and see how we can help you.