Key: (1) language to be deleted (2) new language
An act
relating to public safety; amending definitions of labor trafficking; establishing enhanced penalties for labor trafficking when the trafficking occurs over an extended period of time or when a victim dies or suffers great bodily harm; making conforming changes related to the statewide human trafficking assessment; requiring the Sentencing Guidelines Commission to consider assigning a severity level ranking to the labor trafficking crime;
amending Minnesota Statutes 2022, sections 299A.78, subdivision 1; 299A.79, subdivision 3; 609.281, subdivisions 3, 4, 5, by adding a subdivision; 609.282, subdivision 1, by adding a subdivision; 609.321, by adding subdivisions; 609.322, subdivision 1; 609.325, subdivision 4; repealing Minnesota Statutes 2022, section 609.281, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
For purposes of sections 299A.78 to 299A.795, the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations that provide legal, social, or other community services.
deleted text begin (c) "Blackmail" has the meaning given in section 609.281, subdivision 2. deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end "Debt bondage" has the meaning given in section 609.281, subdivision 3.
deleted text begin (e)deleted text end new text begin (d)new text end "Forced new text begin or coerced new text end labor or services" has the meaning given in section 609.281, subdivision 4.
deleted text begin (f)deleted text end new text begin (e)new text end "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
deleted text begin (g)deleted text end new text begin (f)new text end "Labor trafficking victim" has the meaning given in section 609.281, subdivision 6.
deleted text begin (h)deleted text end new text begin (g)new text end "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
deleted text begin (i)deleted text end new text begin (h)new text end "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
deleted text begin (j)deleted text end new text begin (i)new text end "Trafficking" includes "labor trafficking" and "sex trafficking."
deleted text begin (k)deleted text end new text begin (j)new text end "Trafficking victim" includes "labor trafficking victim" and "sex trafficking victim."
new text begin This section is effective August 1, 2023. new text end
The public awareness initiative required in subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, deleted text begin blackmail,deleted text end forced new text begin or coerced new text end labor deleted text begin anddeleted text end new text begin ornew text end services, prostitution, and other coercive tactics; and risks of assault, criminal sexual conduct, exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
new text begin This section is effective August 1, 2023. new text end
"Debt bondage" deleted text begin means the status or condition of a debtor arising from a pledge by the debtor of the debtor's personaldeleted text end new text begin occurs when a person provides labor ornew text end services deleted text begin or thosedeleted text end new text begin of any kind to pay a real or alleged debtnew text end of deleted text begin adeleted text end new text begin thenew text end person deleted text begin under the debtor's control as a security for debtdeleted text end new text begin or anothernew text end , if the value of deleted text begin thosedeleted text end new text begin the labor ornew text end services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of deleted text begin thosedeleted text end new text begin the labor ornew text end services are not respectively limited and defined.
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
"Forced new text begin or coerced new text end labor or services" means labor or services new text begin of any kind new text end that are performed or provided by another person and are obtained or maintained through an actor's:
(1) threat, either implicit or explicit, scheme, plan, deleted text begin ordeleted text end pattern, or other action new text begin or statement new text end intended to cause a person to believe that, if the person did not perform or provide the labor or services, that person or another deleted text begin persondeleted text end would suffer deleted text begin bodily harm ordeleted text end physical restraint;new text begin sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily, psychological, demonstrable economic, or demonstrable reputational harm that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm;new text end
(2) deleted text begin physically restraining or threatening to physically restraindeleted text end new text begin sexual contact, as defined in section 609.341, subdivision 11, paragraph (b), withnew text end a person;
new text begin (3) physical restraint of a person; new text end
new text begin (4) infliction of bodily, psychological, demonstrable economic, or demonstrable reputational harm that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm; new text end
deleted text begin (3)deleted text end new text begin (5)new text end abuse or threatened abuse of the legal processnew text begin , including the use or threatened use of a law or legal process, whether administrative, civil, or criminalnew text end ;new text begin ornew text end
deleted text begin (4) knowingly destroying, concealing, removing, confiscating, or possessingdeleted text end new text begin (6) destruction, concealment, removal, confiscation, withholding, or possession ofnew text end any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another persondeleted text begin ; ordeleted text end new text begin .new text end
deleted text begin (5) use of blackmail. deleted text end
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
"Labor trafficking" means:
(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, deleted text begin for the purposedeleted text end new text begin in furtherancenew text end of:
(i) debt bondage deleted text begin ordeleted text end new text begin ;new text end
new text begin (ii)new text end forced new text begin or coerced new text end labor or services;
deleted text begin (ii)deleted text end new text begin (iii)new text end slavery or practices similar to slavery; or
deleted text begin (iii)deleted text end new text begin (iv)new text end the removal of organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1).
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
new text begin "Psychological harm" means harm that causes mental distress, mental suffering, or mental anguish as demonstrated by a victim's response to an act, including but not limited to seeking psychotherapy as defined in section 604.20, losing sleep or appetite, being diagnosed with a mental health condition, experiencing suicidal ideation, or having difficulty concentrating on tasks resulting in a loss of productivity. new text end
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
Whoever knowingly engages in the labor trafficking of an individual deleted text begin who is under the age of 18deleted text end is guilty of a crime and may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years or to payment of a fine of not more than $40,000, or bothnew text begin if the labor trafficking victim dies and the death was proximately caused by the labor trafficking conduct of the offender and murder in the first or second degree was not committed therebynew text end .
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
new text begin Whoever knowingly engages in the labor trafficking of an individual is guilty of a crime and may be sentenced to imprisonment for not more than 20 years or to a payment of a fine of not more than $40,000, or both if any of the following circumstances exist: new text end
new text begin (1) the labor trafficking victim is under the age of 18; new text end
new text begin (2) the labor trafficking occurs over an extended period of time; or new text end
new text begin (3) the labor trafficking victim suffers great bodily harm and the harm was proximately caused by the labor trafficking conduct of the offender. new text end
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
new text begin "Debt bondage" has the meaning given in section 609.281, subdivision 3. new text end
new text begin This section is effective August 1, 2023. new text end
new text begin "Forced or coerced labor or services" has the meaning given in section 609.281, subdivision 4. new text end
new text begin This section is effective August 1, 2023. new text end
new text begin "Labor trafficking victim" has the meaning given in section 609.281, subdivision 6. new text end
new text begin This section is effective August 1, 2023. new text end
(a) Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 18 years; or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced new text begin or coerced new text end labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end
It is an affirmative defense to a charge under section 609.324, subdivision 6 or 7, if the defendant proves by a preponderance of the evidence that the defendant is a labor trafficking victimdeleted text begin , as defined in section 609.281,deleted text end or a sex trafficking victimdeleted text begin , as defined in section 609.321,deleted text end and that the defendant committed the acts underlying the charge as a result of being a labor trafficking or sex trafficking victim.
new text begin The Sentencing Guidelines Commission shall consider assigning an offense severity level to labor trafficking under Minnesota Statutes, section 609.282, subdivision 2, and the enhanced penalty provisions in sections 6 and 7. new text end
new text begin Minnesota Statutes 2022, section 609.281, subdivision 2, new text end new text begin is repealed. new text end
new text begin This section is effective August 1, 2023. new text end
Presented to the governor April 24, 2023
Signed by the governor April 25, 2023, 3:36 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes