CJI2d[NY] Penal Law § 135.35 (2)

The (specify) count is Labor Trafficking.

Under our law, a person is guilty of Labor Trafficking if he or she

Select appropriate alternative(s):

compels or induces another person to engage in labor [or]

recruits, entices, harbors or transports another person to engage in labor²

by means of intentionally withholding, destroying, or confiscating any actual or purported

Select appropriate alternative(s):

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.

Add if placed in issue:

[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.]

The following terms used in that definition have a special meaning:

INTENT means conscious objective or purpose. Thus, a person INTENTIONALLY withholds, destroys, or confiscates any actual or purported passport, immigration document, or any other actual or purported government identification document of another person when it is his or her conscious objective to do so. And, a person withholds, destroys, or confiscates any such document with intent to impair another’s freedom of movement when that person’s conscious objective or purpose is to do so.³

In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, [both/each] of the following [two/three] elements:

1. That on or about (date) , in the county of (County) ,

the defendant, (defendant's name),

Select appropriate alternative(s):

compelled or induced (specify) to engage in labor; [or]

recruited, enticed, harbored or transported (specify) to engage in labor; and

2. That the defendant did so by intentionally withholding,

destroying, or confiscating any actual or purported

Select appropriate alternative(s):

passport,

immigration document, [or]

any [other] actual or purported government identification document

of (specify) with intent to impair his/her freedom of movement;

Add if placed in issue:

[and, 3. That the defendant did not do so in an attempt to correct a social security administration record [or immigration agency record] in accordance with any local, state, or federal agency requirement, and such attempt was not made for the purpose of any express or implied threat.]

If you find the People have proven beyond a reasonable doubt [both / each] of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt [either one / any one or more] of those elements, you must find the defendant not guilty of this crime.³