2023 Minnesota Statutes

609.281 DEFINITIONS.

Subdivision 1.Generally.

As used in sections 609.281 to 609.284, the following terms have the meanings given.

Subd. 2.

MS 2022 [Repealed, 2023 c 27 s 15]

Subd. 3.Debt bondage.

"Debt bondage" occurs when a person provides labor or services of any kind to pay a real or alleged debt of the person or another, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of the labor or services are not respectively limited and defined.

Subd. 4.Forced or coerced labor or services.

"Forced or coerced labor or services" means labor or services of any kind 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, pattern, or other action or statement intended to cause a person to believe that, if the person did not perform or provide the labor or services, that person or another would suffer physical restraint; 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;

(2) sexual contact, as defined in section 609.341, subdivision 11, paragraph (b), with a person;

(3) physical restraint of a person;

(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;

(5) abuse or threatened abuse of the legal process, including the use or threatened use of a law or legal process, whether administrative, civil, or criminal; or

(6) destruction, concealment, removal, confiscation, withholding, or possession of any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.

Subd. 5.Labor trafficking.

"Labor trafficking" means:

(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining, or receipt of a person by any means, in furtherance of:

(i) debt bondage;

(ii) forced or coerced labor or services;

(iii) slavery or practices similar to slavery; or

(iv) 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).

Subd. 6.Labor trafficking victim.

"Labor trafficking victim" means a person subjected to the practices in subdivision 5.

Subd. 7.Psychological harm.

"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.

History:

2005 c 136 art 17 s 15; 2009 c 137 s 2; 2023 c 27 s 3-6