Definitions of Human Trafficking - Illinois

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Defined in Child Protection Law

Citation: Comp. Stat. Ch. 325, § 5/3

The term 'abused child' includes a child whose parent, immediate family member, any person responsible for the child's welfare, any individual residing in the same home as the child, or a paramour of the child's parent does any of the following:

  • Commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons, as defined in chapter 720, § 5/10-9, against the child
  • Commits or allows to be committed any sex offense against the child, as such sex offenses are defined in chapter 720, § 5/1-1, et seq.; chapter 720, § 150/0.01, et seq., and extending those definitions of sex offenses to include children younger than age 18

Definitions of Labor Trafficking

Citation: Comp. Stat. Ch. 720, § 5/10-9

A person commits 'trafficking in persons' when he or she knowingly does any of the following:

  • Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or 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 of involuntary servitude or involuntary sexual servitude of a minor

A company commits trafficking in persons when the company knowingly benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of involuntary servitude or involuntary sexual servitude of a minor.

A person commits 'involuntary servitude' when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to labor or services obtained or maintained through any of the following means, or any combination of these means:

  • Causes or threatens to cause physical harm to any person
  • Physically restrains or threatens to physically restrain another person
  • Abuses or threatens to abuse the law or legal process
  • Knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person
  • Uses intimidation or exerts financial control over any person
  • Uses any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint

The term 'serious harm' means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.

The term 'services' means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually explicit performances are forms of activities that are 'services' under this section. Nothing in this definition may be construed to legitimize or legalize prostitution.

Definitions of Sex Trafficking of Minors

Citation: Comp. Stat. Ch. 720, § 5/10-9

A person commits 'involuntary sexual servitude of a minor' when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person younger than age 18, knowing that the minor will engage in commercial sexual activity, a sexually explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in one or more of those activities, and the following are true:

  • There is no overt force or threat and the minor is between the age 17 and 18.
  • There is no overt force or threat and the minor is younger than age 17.
  • There is overt force or threat.

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

The term 'sexually explicit performance' means a live, recorded, broadcast (including over the internet), or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.