12.1-40 Human Trafficking
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<![CDATA[CHAPTER 12.1-40HUMAN TRAFFICKING12.1-40-01. Human trafficking - Penalty.1.A person is guilty of human trafficking if the person:a.Benefits financially or receives anything of value from knowing participation in<br>human trafficking; orb.Promotes, recruits, entices, harbors, transports, provides, or obtains by any<br>means, or attempts to promote, recruit, entice, harbor, transport, provide, or<br>obtain by any means, another person, knowing that the person will be subject<br>to human trafficking.2.An offense under this section is a class AA felony if the person subject to human<br>trafficking is less than eighteen years of age. Otherwise, the offense is a class A<br>felony.3.If the person subject to human trafficking is under the age of eighteen years, it is no<br>defense that the actor did not know the child's age or reasonably believed the child<br>to be eighteen years of age or older.4.In addition to any sentence or fine imposed for a conviction of an offense under this<br>chapter, the court shall order the person convicted to make restitution to the victim of<br>the crime.12.1-40-02. Definitions. In this chapter:1."Debt bondage" means the status or condition of a debtor arising from a pledge by<br>the debtor of the debtor's personal services or those of a person under the debtor's<br>control as a security for debt, if the value of those services as reasonably assessed<br>is not applied toward the liquidation of the debt or the length and nature of those<br>services are not respectively limited and defined.2."Forced labor or services" means labor or services that are performed or provided by<br>another person and are obtained or maintained through an actor's:a.Threat, either implicit or explicit, scheme, plan, or pattern, or other action<br>intended to cause a person to believe that, if the person did not perform or<br>provide the labor or services:(1)That person or another person would suffer bodily harm or physical<br>restraint; or(2)That any fact or alleged fact tending to cause shame or to subject any<br>person to hatred, contempt, or ridicule would be exposed;b.Physically restraining or threatening to physically restrain a person;c.Abuse or threatened abuse of the legal process; ord.Knowingly destroying, concealing, removing, confiscating, or possessing any<br>actual or purported passport or other immigration document, or any other actual<br>or purported government identification document, of another person.Page No. 1"Forced labor or services" does not mean labor or services required to be performed<br>by a person in compliance with a court order or as a required condition of probation,<br>parole, or imprisonment.3."Human trafficking" means labor trafficking or sex trafficking.4."Labor trafficking" means the promotion, recruitment, transportation, transfer,<br>harboring, enticement, provision, obtaining, or receipt of a person by any means,<br>whether a United States citizen or foreign national, for the purpose of:a.Debt bondage or forced labor or services;b.Slavery or practices similar to slavery; orc.The removal of organs through the use of coercion or intimidation.5."Sex trafficking" means the promotion, recruitment, transportation, transfer,<br>harboring, enticement, provision, obtaining, or receipt of a person by any means,<br>whether a United States citizen or foreign national, for the purpose of:a.Causing the person or another to engage in sexual acts or sexual conduct in<br>violation of chapter 12.1-20; orb.Violating chapter 12.1-27.1, 12.1-27.2, or 12.1-29.Page No. 2Document Outlinechapter 12.1-40 human trafficking]]>