SF 1170

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to crime prevention; criminalizing certain 
  1.3             acts related to the unlawful trafficking of persons 
  1.4             and requiring restitution for victims of these 
  1.5             offenses; imposing criminal penalties; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 609. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  1.9      (a) The legislature finds that: 
  1.10     (1) the trafficking in persons is a modern form of slavery, 
  1.11  and it is the largest manifestation of slavery today; 
  1.12     (2) large numbers of persons annually, primarily women and 
  1.13  children, are trafficked within or across international borders, 
  1.14  including into the United States; 
  1.15     (3) trafficking in persons is not limited to the sex 
  1.16  industry, and includes forced labor with significant violations 
  1.17  of labor, public health, and human rights standards worldwide; 
  1.18     (4) traffickers primarily target women and girls, who are 
  1.19  disproportionately affected by poverty, the lack of access to 
  1.20  education, chronic unemployment, discrimination, and the lack of 
  1.21  economic opportunities in countries of origin; and 
  1.22     (5) there are not adequate services and facilities to meet 
  1.23  the needs of trafficking victims regarding health care, housing, 
  1.24  education, and legal assistance, to safely reintegrate 
  1.25  trafficking victims into their home countries.  
  1.26     (b) The intent of this legislation is to prevent the 
  2.1   trafficking in persons.  
  2.2      Sec. 2.  [609.2805] [DEFINITIONS.] 
  2.3      As used in sections 609.281 to 609.285: 
  2.4      (1) "coercion" means: 
  2.5      (i) threats of substantial bodily harm to or physical 
  2.6   restraint against any person; 
  2.7      (ii) any scheme, plan, or pattern intended to cause a 
  2.8   person to believe that failure to perform an act would result in 
  2.9   substantial bodily harm to or physical restraint against any 
  2.10  person; or 
  2.11     (iii) the abuse or threatened abuse of the legal process; 
  2.12     (2) "commercial sex act" means any sex act on account of 
  2.13  which anything of value is given to or received by any person; 
  2.14  and 
  2.15     (3) "involuntary servitude" includes a condition of 
  2.16  servitude induced by means of: 
  2.17     (i) any scheme, plan, or pattern intended to cause a person 
  2.18  to believe that, if the person did not enter into or continue in 
  2.19  the condition, that person or another person would suffer 
  2.20  substantial bodily harm or physical restraint; or 
  2.21     (ii) the abuse or threatened abuse of the legal process.  
  2.22     Sec. 3.  [609.281] [FORCED LABOR.] 
  2.23     (a) A person is guilty of a crime who knowingly provides or 
  2.24  obtains the labor or services of a person: 
  2.25     (1) by threats of serious harm to or physical restraint 
  2.26  against that person or another person; 
  2.27     (2) by means of any scheme, plan, or pattern intended to 
  2.28  cause the person to believe that, if the person did not perform 
  2.29  the labor or services, that person or another person would 
  2.30  suffer substantial bodily harm or physical restraint; or 
  2.31     (3) by means of the abuse or threatened abuse of law or the 
  2.32  legal process. 
  2.33     (b) A person convicted of a violation of this section may 
  2.34  be sentenced to imprisonment for not more than 15 years or to 
  2.35  payment of a fine of not more than $30,000, or both.  
  2.36     Sec. 4.  [609.282] [TRAFFICKING WITH RESPECT TO PEONAGE, 
  3.1   SLAVERY, INVOLUNTARY SERVITUDE, OR FORCED LABOR.] 
  3.2      Whoever knowingly recruits, harbors, transports, provides, 
  3.3   or obtains by any means, any person for labor or services in 
  3.4   violation of this chapter is guilty of a crime and may be 
  3.5   sentenced to imprisonment for not more than 15 years or to 
  3.6   payment of a fine of not more than $30,000, or both.  
  3.7      Sec. 5.  [609.283] [SEX TRAFFICKING OF CHILDREN BY FORCE, 
  3.8   FRAUD, OR COERCION.] 
  3.9      (a) Whoever knowingly: 
  3.10     (1) recruits, entices, harbors, transports, provides, or 
  3.11  obtains by any means a person; or 
  3.12     (2) benefits, financially or by receiving anything of 
  3.13  value, from participation in a venture that has engaged in an 
  3.14  act described in clause (1); 
  3.15  knowing that force, fraud, or coercion will be used to cause the 
  3.16  person to engage in a commercial sex act, or that the person has 
  3.17  not reached the age of 18 years and will be caused to engage in 
  3.18  a commercial sex act, is guilty of a crime.  
  3.19     (b) A violation of this section may be punished as follows: 
  3.20     (1) if the offense was effected by force, fraud, or 
  3.21  coercion or if the person transported had not attained the age 
  3.22  of 14 years at the time of the offense, by imprisonment for a 
  3.23  period of not more than 30 years or to payment of a fine of not 
  3.24  more than $40,000, or both; or 
  3.25     (2) in all other cases, by imprisonment for a period of not 
  3.26  more than 20 years or to payment of a fine of not more than 
  3.27  $30,000, or both.  
  3.28     Sec. 6.  [609.284] [UNLAWFUL CONDUCT WITH RESPECT TO 
  3.29  DOCUMENTS IN FURTHERANCE OF TRAFFICKING, PEONAGE, SLAVERY, 
  3.30  INVOLUNTARY SERVITUDE, OR FORCED LABOR.] 
  3.31     (a) Whoever knowingly destroys, conceals, removes, 
  3.32  confiscates, or possesses any actual or purported passport or 
  3.33  other immigration document, or any other actual or purported 
  3.34  government identification document, of another person: 
  3.35     (1) in the course of a violation of section 609.281, 
  3.36  609.282, or 609.283; 
  4.1      (2) with intent to violate section 609.281, 609.282, or 
  4.2   609.283; or 
  4.3      (3) to prevent or restrict or to attempt to prevent or 
  4.4   restrict, without lawful authority, the person's liberty to move 
  4.5   or travel, in order to maintain the labor or services of that 
  4.6   person, when the person is or has been a victim of a violation 
  4.7   of section 609.281, 609.282, or 609.283; 
  4.8   is guilty of a crime and may be sentenced to imprisonment for 
  4.9   not more than five years or to payment of a fine of not more 
  4.10  than $10,000, or both.  
  4.11     Sec. 7.  [609.285] [MANDATORY RESTITUTION.] 
  4.12     When a court sentences an offender convicted of violating 
  4.13  section 609.281, 609.282, 609.283, or 609.284, the court shall 
  4.14  order the offender to provide restitution to the victim of the 
  4.15  offense.  
  4.16     Sec. 8.  [EFFECTIVE DATE.] 
  4.17     Sections 2 to 7 are effective August 1, 2003, and apply to 
  4.18  crimes committed on or after that date.