Definitions of Human Trafficking - Indiana

Date: July 2020

Defined in Child Protection Law

Citation: Ann. Code §§ 31-34-1-3.5; 31-9-2-133.1

A child is a child in need of services if, before the child becomes age 18, the child is the victim of human or sexual trafficking, as defined in § 31-9-2-133.1.

A child is considered a victim of human or sexual trafficking regardless of whether the child consented to the conduct described above.

The term 'victim of human or sexual trafficking' refers to a child who is recruited, harbored, transported, or engaged in any of the following:

  • Forced labor
  • Involuntary servitude
  • Prostitution
  • Juvenile prostitution, as defined in § 35-31.5-2-178.5
  • Child exploitation, as defined in § 35-42-4-4(b)
  • Marriage, unless authorized by a court under § 31-11-1-6
  • Trafficking for the purpose of prostitution, juvenile prostitution, or participation in sexual conduct, as defined in § 35-42-4-4(a)(4)
  • Human trafficking, as defined in § 35-42-3.5-0.5

Definitions of Labor Trafficking

Citation: Ann. Code §§ 35-42-3.5-0.5; 35-42-3.5-1

The terms 'force,' 'threat of force, 'coercion,' or 'fraud' mean, but are not limited to, a person doing any of the following:

  • Causing or threatening to cause physical harm to a human trafficking victim
  • Physically restraining or threatening to physically restrain a human trafficking victim
  • Abusing or threatening to abuse the law or legal process to further the act of human trafficking
  • 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 the human trafficking victim
  • Using blackmail or threatening to cause financial harm for the purpose of exercising financial control over the human trafficking victim
  • Facilitating or controlling a human trafficking victim's access to a controlled substance

A person who, by force, threat of force, coercion, or fraud, knowingly or intentionally recruits, harbors, provides, obtains, or transports an individual to engage the individual in labor or services commits promotion of human labor trafficking, a level-4 felony.

Definitions of Sex Trafficking of Minors

Citation: Ann. Code § 35-42-3.5-1.2

A person commits the crime of promotion of child sexual trafficking, a level-3 felony, if that person knowingly or intentionally recruits, entices, harbors, or transports a child younger than age 18 with the intent of causing the child to engage in either of the following:

  • Prostitution or juvenile prostitution
  • A performance or incident that includes sexual conduct, in violation of § 35-42-4-4(b) or (c) (child exploitation)

It is not a defense to a prosecution under this section that the child consented to engage in prostitution or juvenile prostitution or to participate in sexual conduct or that the intended victim of the offense is a law enforcement officer.

A person who knowingly or intentionally recruits, entices, harbors, or transports a child younger than age 16 with the intent of inducing or causing the child to participate in sexual conduct commits promotion of sexual trafficking of a younger child, a level-3 felony.