Definitions of Human Trafficking - Kansas

Defined in Child Protection Law

Citation: Ann. Stat. § 38-2202

The term 'child in need of care' means a person younger than age 18 who has been subjected to an act that would constitute human trafficking or aggravated human trafficking, as defined by § 21-5426, or commercial sexual exploitation of a child, as defined by § 21-6422, or has committed an act that, if committed by an adult, would constitute selling sexual relations, as defined by § 21-6419.

The term 'sexual abuse' means any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child, or another person. Sexual abuse shall include, but is not limited to, allowing, permitting, or encouraging the following:

• A child to be photographed, filmed, or depicted in pornographic material
• A child to be subjected to aggravated human trafficking, as defined in § 21-5426(b), if committed in whole or in part for the purpose of the sexual gratification of the offender or another, or be subjected to an act that would constitute conduct proscribed by chapter 21, article 55 of the statutes or § 21-6419 or 21-6422

Definitions of Labor Trafficking

Citation: Ann. Stat. § 21-5426

'Human trafficking' is defined as the following:

• Intentionally recruiting, harboring, transporting, providing, or obtaining a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjecting the person to involuntary servitude or forced labor
• Intentionally benefitting financially or by receiving anything of value from participation in a venture that the person has reason to know has engaged in acts set forth above
• Knowingly coercing employment by obtaining or maintaining labor or services that are performed or provided by another person through any of the following:
  • Causing or threatening to cause physical injury to any person
  • Physically restraining or threatening to physically restrain another person
  • Abusing or threatening to abuse the law or legal process
  • Threatening to withhold food, lodging, or clothing
  • Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported government identification document of another person
• Knowingly holding another person in a condition of peonage in satisfaction of a debt owed the person who is holding such other person

'Aggravated human trafficking' is human trafficking, as defined above, when the act meets the following criteria:

• Involves the commission or attempted commission of kidnapping
• Is committed in whole or in part for the purpose of the sexual gratification of the defendant or another
• Results in a death

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat. §§ 21-5426; 21-6422

'Aggravated human trafficking' is defined as the following:

• Recruiting, harboring, transporting, providing, or obtaining by any means a child knowing that the child, with or without force, fraud, threat, or coercion, will be used to engage in the following:
  • Forced labor
  • Involuntary servitude
  • Sexual gratification of the defendant or another involving the exchange of anything of value
• Hiring a child by giving, offering, or agreeing to give anything of value to any person, to engage in manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another; sexual intercourse, sodomy, or any unlawful sexual act; and the offender recklessly disregards the age of the child

'Commercial sexual exploitation of a child' is knowingly doing any of the following:

• Hiring a person younger than age 18 by giving or offering or agreeing to give anything of value to any person to engage in a manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another, sexual intercourse, sodomy, or any unlawful sexual act
• Establishing, owning, maintaining, or managing any property, whether real or personal, where sexual relations are being sold or offered for sale by a person younger than age 18, or participating in the establishment, ownership, maintenance, or management thereof
• Permitting any property, whether real or personal, partially or wholly owned or controlled by the defendant to be used as a place where sexual relations are being sold or offered for sale by a person who is younger than age 18