Definitions of Human Trafficking - Guam

Date:

Defined in Child Protection Law

Citation: Ann. Code Tit. 19, § 13101

'Harm to a child's physical health or welfare' occurs in a case in which there exists evidence of injury, including but not limited to a case in which the child has been the victim of a sexual offense, as defined in the Criminal and Correctional Code.

Definitions of Labor Trafficking

Citation: Ann. Code Tit. 9, §§ 26.02; 26.01

A person commits the crime of 'trafficking in persons' when that person knowingly does any of the following:

  • Recruits, entices, solicits, isolates, harbors, transports, provides, or obtains by any means or attempts to recruit, entice, solicit, isolate, harbor, transport, provide, or obtain by any means, another person, knowing that the person will be subjected to involuntary servitude
  • Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described above

A person commits the crime of 'involuntary servitude' when that person knowingly subjects, or attempts to subject, another person to labor or services through the use of any of the following means:

  • Causing or threatening to cause serious harm to any person
  • Physically restraining or threatening to physically restrain another person
  • Abusing or threatening to abuse the law or legal process
  • Knowingly 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 another person
  • Extortion or blackmail
  • Deception or fraud
  • Debt coercion
  • Causing or threatening to cause financial harm to any person
  • Facilitating or controlling a victim's access to an addictive controlled substance
  • Using any scheme, plan, or pattern, whether overt or subtle, intended to cause any person to believe that, if the person did not perform such labor, services, acts or performances, that person or another person would suffer serious harm or physical restraint

The term 'debt coercion' means exploitation of the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or those of a person under his or her control as a security or payment for 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 principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.

The following terms mean:

  • 'Extortion' is to be given its ordinary meaning as defined by existing Guam law.
  • 'Financial harm' includes credit extortion, criminal violation of the usury laws, or employment contracts that violate relevant statutes and Federal laws and regulations.
  • 'Labor' means work of economic or financial value.
  • 'Services' means any act committed at the behest of, under the supervision of, or for the benefit of another.

The term 'victim of trafficking in persons' means any person, whether a U.S. citizen or foreign national, who has been subjected to the crime of trafficking in persons, involuntary servitude, sexual servitude of a minor, or transported in violation of trafficking of persons for forced labor or service as set forth herein.

Definitions of Sex Trafficking of Minors

Citation: Ann. Code Tit. 9, §§ 26.02; 26.01

A person commits the crime of 'trafficking in persons' when that person knowingly recruits, entices, solicits, isolates, harbors, transports, provides, or obtains by any means or attempts to recruit, entice, solicit, isolate, harbor, transport, provide, or obtain by any means, another person, knowing that the person will be subjected to sexual servitude of a minor.

A person commits the crime of 'sexual servitude of a minor' when that person knowingly does any of the following:

  • Recruits, entices, solicits, isolates, harbors, transports, provides, or obtains, by any means, or attempts to recruit, entice, solicit, isolate, harbor, transport, provide, or obtain by any means, any minor for the purpose of commercial sex acts or sexually explicit performance
  • Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described above.

A person commits the crime of 'involuntary servitude' when that person knowingly subjects, or attempts to subject, another person to commercial sex acts or a sexually explicit performance.

The term 'commercial sex acts' means any sex act on account of which anything of value is given, promised to, or received, or exchanged, directly or indirectly, by any person.

The term 'sex act' refers to criminal sexual conduct, including sexual penetration and sexual contact, as defined in title 9, chapter 25 (sexual offenses); and any other crime as defined in title 9, chapter 25A (solicitation of children and child pornography), chapter 28 (prostitution and obscenity-related offenses), and chapter 89 (crimes against minors).

The term 'sexually-explicit performance' means an act or show, intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, or videotaped.