Definitions of Human Trafficking - Colorado

Defined in Child Protection Law

Citation: Rev. Stat. §§ 19-1-103(1), (23.5); 16-22-102

The term 'abuse' or 'child abuse or neglect' includes any case in which a child is subjected to human trafficking of a minor for involuntary servitude, as described in § 18-3-503, or human trafficking of a minor for sexual servitude, as described in § 18-3-504(2).

'Commercial sexual exploitation of a child' means a crime of a sexual nature committed against a child for financial or other economic reasons.

The term 'unlawful sexual behavior' includes any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

• Human trafficking of a minor for sexual servitude, as described in § 18-3-504(2)
• Sexual exploitation of children
• Procurement of a child for sexual exploitation
• Soliciting for child prostitution
• Pandering or pimping of a child
• Keeping a place of child prostitution
• Inducement of child prostitution
• Patronizing a prostituted child
• Promotion of obscenity to a minor
• Internet luring of a child
• Internet sexual exploitation of a child

Definitions of Labor Trafficking

Citation: Rev. Stat. §§ 18-3-503; 18-3-502

A person who knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the other person to perform labor or services commits human trafficking for involuntary servitude.

The term 'coercing' means inducing a person to act or to refrain from acting, if the inducement is accomplished by any one or more of the following means:

• The use or threat of the use of force against, abduction of, causing of serious harm to, or physical restraint of a person
• The use of a plan, pattern, or statement for the purpose of causing the person to believe that failure to perform the act or failure to refrain from performing the act will result in the use of force against, abduction of, causing of serious harm to, or physical restraint of that person or another person
• Using or threatening to use the law or the legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed
• Threatening to notify law enforcement officials that a person is present in the United States in violation of Federal immigration laws
• The destruction or taking, or a threat to destroy or take, a person's identification document or other property
• Controlling or threatening to control a person's access to a controlled substance
• The use of debt bondage
• The exploitation of a person's physical or mental impairment, when such impairment has a substantial adverse effect on the person's cognitive or volitional functions

The term 'debt bondage' includes the following:

• Demanding labor or services as payment toward or satisfaction of a real or purported debt and failing to apply the reasonable value of the labor or services toward the liquidation of the debt
• Demanding labor or services when the length of the labor or services is not limited and the nature of the labor or services is not defined

The term 'identification document' means a real or purported passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government.

The term 'maintain' means to provide sustenance or care for a minor and includes, but is not limited to, providing shelter, food, clothing, drugs, medical care, or communication services. A minor is a person younger than age 18.

The term 'serious harm' means bodily injury or any other harm, whether physical or nonphysical, including psychological, financial, or reputational harm, which is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person to perform or continue to perform labor or services or sexual activity to avoid incurring the harm.

The term 'victim' means a person who is alleged to have been or who has been subjected to human trafficking.

Definitions of Sex Trafficking of Minors

Citation: Rev. Stat. §§ 18-3-504; 18-3-502

A person commits human trafficking of a minor for sexual servitude if the person does either of the following:

• Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity
• Knowingly advertises, offers to sell, or sells travel services that facilitate an activity prohibited by the above subsection

In any prosecution under this section, none of the following is a defense to that prosecution:

• The minor consented to being sold, recruited, harbored, transported, transferred, isolated, enticed, provided, received, obtained, or maintained by the defendant for the purpose of engaging in commercial sexual activity.
• The minor consented to participating in commercial sexual activity.
• The defendant did not know the minor's age or reasonably believed the minor to be age 18 or older.
• The minor or another person represented the minor to be age 18 or older.

A person does not need to receive any of the proceeds of any commercial sexual activity to commit an offense described in this section.

The term 'debt bondage' includes demanding commercial sexual activity as payment toward or satisfaction of a real or purported debt. The term 'commercial sexual activity' means sexual activity for which anything of value is given to, promised to, or received by a person. The term 'makes available' means to facilitate contact between a minor and another person.

The term 'sexual activity' means the following:

• Sexual contact, sexual intrusion, or sexual penetration, as defined in § 18-3-401
• Sexual exploitation of a child, pursuant to § 18-6-403(3)(a) and (3)(d)
• An obscene performance, as defined in § 18-7-101