Definitions of Human Trafficking - Florida

Defined in Child Protection Law

Citation: Ann. Stat. § 39.01

The term 'sexual abuse of a child' includes 'sexual exploitation of a child.' 'Sexual exploitation of a child' includes the act of a child offering to engage in or engaging in prostitution or the act of allowing, encouraging, or forcing a child to do any of the following:

• Solicit for or engage in prostitution
• Engage in a sexual performance, as defined by chapter 827
• Participate in the trade of human trafficking, as provided in § 787.06(3)(g)

'Harm' to a child's health or welfare can occur when a person inflicts or allows to be inflicted upon the child physical, mental, or emotional injury. Such injury may occur when the person does any of the following:

• Commits or allows to be committed sexual battery or lewd or lascivious acts against the child
• Allows, encourages, or forces the sexual exploitation of a child, including allowing, encouraging, or forcing a child to do either of the following:
  • Solicit for or engage in prostitution
  • Engage in a sexual performance
• Exploits a child or allows a child to be exploited, as provided in § 450.151

Definitions of Labor Trafficking

Citation: Ann. Stat. § 787.06

The term 'human trafficking' means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person. Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking, commits a felony, including any of the following circumstances:

• For labor or services of any child younger than age 18
• Using coercion for the labor or services of an adult
• For the labor or services of any child younger than age 18 who does so by the transfer or transport of that child from outside this State to within the State

The term 'coercion' means the following:

• Using or threatening to use physical force against any person
• Restraining, isolating, or confining, or threatening to restrain, isolate, or confine any person without lawful authority and against his or her will
• Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the following apply:
  • The value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt.
  • The length and nature of the labor or services are not respectively limited and defined.
• Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person
• Causing or threatening to cause financial harm to any person
• Enticing or luring any person by fraud or deceit
• Providing a controlled substance to any person for the purpose of exploitation of that person

As used in this section, the terms listed are defined as follows:

• 'Financial harm' includes extortionate extension of credit, loan sharking as defined in § 687.071, or employment contracts that violate the statute of frauds as provided in § 725.01.
• 'Labor' means work of economic or financial value.
• 'Maintain' means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service.
• 'Obtain' means, in relation to labor or services, to secure performance thereof.
• 'Services' means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs.

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat. § 787.06

The term 'commercial sexual activity' means any violation of chapter 796 or an attempt to commit any such offense and includes sexually explicit performances and the production of pornography. 'Sexually explicit performance' means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and is intended to arouse or satisfy the sexual desires or appeal to the prurient interest.

Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking commits a felony, including any of the following circumstances:

• For commercial sexual activity in which any child younger than age 18
• For commercial sexual activity of any child younger than age 18 who does so by the transfer or transport of that child from outside this State to within the State

Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony.

In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. A victim's lack of chastity or the willingness or consent of a victim is not a defense to prosecution if the victim was younger than age 18 at the time of the offense.