Definitions of Human Trafficking - Delaware

Defined in Child Protection Law

Citation: Ann. Code Tit. 10, § 901; Tit. 11, § 787

The term 'sexual abuse' means any act against a child that is described as a sex offense in § 761(h) of Title 11, including, but not limited to, unlawful sexual contact, child pornography, promoting child prostitution, and incest. The term 'exploitation' means taking advantage of a child for unlawful or unjustifiable personal or sexual gain.

A minor who has engaged in commercial sexual activity is presumed to be a neglected or abused child under title 10, § 901, et seq. Whenever a police officer has probable cause to believe that a minor has engaged in commercial sexual activity, the police officer shall make an immediate report to the Department of Services for Children, Youth and Their Families pursuant to title 16, § 901, et seq.

Definitions of Labor Trafficking

Citation: Ann. Code Tit. 11, § 787

The term 'human trafficking' means the commission of any of the offenses described in this section. A person is guilty of trafficking an individual if the person knowingly recruits, transports, harbors, receives, provides, obtains, isolates, maintains, advertises, solicits, or entices an individual in furtherance of forced labor. A person is guilty of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services.

The term 'coercion' means the following:

• The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual
• The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual
• The abuse or threatened abuse of law or legal process
• Controlling or threatening to control an individual's access to a controlled substance
• The destruction of, taking of, or the threat to destroy or take an individual's identification document or other property
• The use of debt bondage
• The use of an individual's physical, cognitive disability, or mental impairment, when such impairment has substantial adverse effects on the individual's cognitive or volitional functions
• The commission of civil or criminal fraud

The term 'debt bondage' includes the following:

• Commercial sexual activity in payment toward or satisfaction of a real or purported debt
• Inducing an individual to provide labor or services in payment toward or satisfaction of a real or purported debt if:
  • The reasonable value of the labor or services is not applied toward the liquidation of the debt.
  • The length of the labor or services is not limited and the nature of the labor or services is not defined.

The term 'forced labor or services' means labor or services that are performed or provided by another person and are obtained or maintained through coercion. 'Labor or services' means activity having economic or financial value, including commercial sexual activity.

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

The term 'serious harm' means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual that would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm.

Definitions of Sex Trafficking of Minors

Citation: Ann. Code Tit. 11, § 787

A person is guilty of trafficking an individual if the person knowingly recruits, transports, harbors, receives, provides, obtains, isolates, maintains, advertises, solicits, or entices an individual in furtherance of sexual servitude. A person commits the offense of sexual servitude if the person knowingly does the following:

• Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity
• Uses coercion or deception to compel an adult to engage in commercial sexual activity

It is not a defense in a prosecution under this section that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

The term 'commercial sexual activity' means any sexual activity for which anything of value is given, promised to, or received by any person.

The term 'sexual activity' means any sex-related act, including sexual contact, prostitution, or sexually-explicit performances. The term 'sexually explicit performance' means a live public act or show, production of pornography, or the digital transfer of any of such intended to arouse or satisfy the sexual desires or appeal to the prurient interest of viewers.

An aggravating circumstance during the commission of a trafficking offense under this section occurs under the following circumstances:

• The person recruited, enticed, or obtained the victim from a shelter designed to serve victims of human trafficking, victims of domestic violence, victims of sexual assault, runaway youth, foster children, or the homeless.
• The person used or threatened use of force against, abduction of, serious harm to, or physical restraint of the victim.