Definitions of Human Trafficking - Georgia

Defined in Child Protection Law

Citation: Ann. Code § 19-7-5(b)

The term 'child abuse' includes sexual abuse or sexual exploitation of a child.

The term 'sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not such person's spouse to engage in any act that involves conduct described by § 16-5-46(c) (trafficking of persons for sexual servitude).

The term 'sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in either of the following:

• Prostitution
• Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in § 16-12-100

Definitions of Labor Trafficking

Citation: Ann. Code § 16-5-46

A person commits the offense of trafficking a person for labor servitude when that person knowingly subjects another person to or maintains another person in labor servitude or knowingly recruits, entices, harbors, transports, provides, or obtains by any means another person for the purpose of labor servitude.

The term 'labor servitude' means work or service of economic or financial value that is performed or provided by another person and is induced or obtained by coercion or deception.

The term 'coercion' means the following:

• Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person
• Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule
• Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person
• Providing a controlled substance to such person for the purpose of compelling such person to engage in labor or sexual servitude against his or her will
• Causing or threatening to cause financial harm to any person or using financial control over any person

The term 'deception' means the following:

• Creating or confirming another's impression of an existing fact or past event that is false and that the accused knows or believes to be false
• Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the following are true:
  • The value of those services as reasonably assessed is not applied toward the liquidation of the debt.
  • The length and nature of those services are not respectively limited and defined.
  • The person is prevented from acquiring information pertinent to the disposition of such debt.
• Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed

Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this section.

Definitions of Sex Trafficking of Minors

Citation: Ann. Code §§ 16-5-46; 16-12-100

A person commits the offense of 'trafficking an individual for sexual servitude' when that person knowingly does any of the following:

• Subjects an individual to or maintains an individual in sexual servitude
• Recruits, entices, harbors, transports, provides, solicits, patronizes, or obtains by any means an individual for the purpose of sexual servitude
• Benefits financially or by receiving anything of value from the sexual servitude of another

The age of consent for sexual activity or the accused's lack of knowledge of the age or developmental disability of the individual being trafficked shall not constitute a defense in a prosecution for a violation of this section.

The term 'sexual servitude' means any sexually explicit conduct, or performance involving sexually explicit conduct, for which anything of value is directly or indirectly given, promised to, or received by any individual, which conduct is induced or obtained as follows:

• By coercion or deception
• From a person who is younger than age 18
• From a person whom the accused believes to be under age 18
• From an individual who has a developmental disability
• From an individual whom the accused believes to have a developmental disability

The term 'sexually explicit conduct' has the same meaning as set forth in § 16-12-100.