HB 116 HUMAN TRAFFICKING & SEXUAL EXPLOITATION CRIME

Rep Elizabeth "Liz" Thomson

Actions: HPREF [2] not prntd-HRC [3] w/drn-prntd-ref- HCPAC/HJC-HCPAC [4] DP-HJC [8] DP-T

Scheduled: Not Scheduled

 House Bill 116 (HB 116) removes the statute of limitations for the crime of human trafficking, increases the age of a child for the crime of sexual exploitation of children by prostitution, adds “human trafficking” to the definition of racketeering, amends the elements of human trafficking, provides a definition of ‘harm’, prohibits certain defenses in a prosecution for human trafficking, adds victims of human trafficking and sexual exploitation of children to the victims of crime act, and prohibits earned good time for a human trafficking sentence.   

 House Bill 116 (HB 116) makes changes to the crimes of human trafficking and sexual exploitation of children by prostitution. 

First, HB 116 provides that there is no statute of limitation for prosecuting a crime of human trafficking. It then increases the age of the child in the crime of sexual exploitation of children by prostitution, from under 16 to under 18 years old.  The bill adds that it is not a defense that the defendant’s intended victim was a peace officer posing as a child under 18 years of age. The bill adds human trafficking to the list of acts that can be construed as “racketeering” under the Racketeering Act.  

The bill then amends the definition of human trafficking to include “harboring, maintaining, patronizing or providing” another person.  Currently, human trafficking consists of “recruiting, soliciting, enticing, or transporting or obtaining by any means” another person. It also amends the crime of human trafficking to include using another person’s services to compel the repayment of a debt and does not pay the person in accordance with state and local law.  The person must have actual or perceived control over the laborer and the laborer must have no reasonable means to terminate the labor agreement. 

HB 116 increases the crime of human trafficking to a second-degree felony from a third-degree felony. However, if the victim is under age 18, the crime is a first-degree felony.  Currently, it is only a first-degree felony if the victim is under age 13; and it is a second-degree felony if the victim is under age 16.  The bill adds that each violation of human trafficking is a separate offense and does not merge with any other offense.  The bill provides that a human trafficking victim cannot be charged with prostitution, and a person convicted of human trafficking is subject to the Forfeiture Act. 

The bill amends the definition of “coercion” in the human trafficking statute to include using physical restraint against a person and adds a definition of “harm” to include physical and nonphysical harm, including psychological, financial or reputational harm.  Such harm must be sufficiently serious to compel a reasonable person to perform the compelled labor or activity to avoid receiving harm.  The bill further provides that in a human trafficking case, evidence of the following is not allowed as a defense to the crime: facts related to the victims’ sexual history or sexual conduct, consent of a minor, mistake as to the victim’s age, and that the victim was a peace officer posing as a child.

HB 116 amends the definition of “criminal offense” in the Victims of Crime Act to include human trafficking and sexual exploitation of children.  

Lastly, the bill adds human trafficking as a “serious violent offense” for purposes of determining good time in prison.  However, the judge must determine that the nature of the offense and the resulting harm are such that the crime is a serious violent offense.  A prisoner convicted of a serious violent offense can earn up to 4 days per month of good time, as opposed to a person convicted of a nonviolent offense, who can earn up to 30 days per month for good time.   
 

 HB 116 is related to SB 226906 and HB 109