Definitions of Human Trafficking - Maine

Date:

Defined in Child Protection Law

Citation: Ann. Stat. Tit. 22, § 4002

The term 'abuse or neglect' means a threat to a child's health or welfare by sexual abuse or exploitation, including under title 17-A, §§ 282 (sexual exploitation of minor), 852 (aggravated sex trafficking), 853 (sex trafficking), and 855 (patronizing prostitution of a minor), by a person responsible for the child.

Definitions of Labor Trafficking

Citation: Rev. Stat. Tit. 17-A, §§ 304; 305

A person is guilty of criminal forced labor if the actor, without the legal right to do so, intentionally or knowingly does the following as a means to compel a person to provide labor or services having economic value:

  • Withholds or threatens to withhold a scheduled drug or alcohol from a person who is in a state of psychic or physical dependence, or both, arising from the use of the drug or alcohol on a continuing basis
  • Withholds or threatens to withhold a substance or medication from a person who has a prescription or medical need for the substance or medication
  • Uses a person's physical or mental impairment that has substantial adverse effects on that person's cognitive or volitional functions
  • Makes material false statements, misstatements, or omissions
  • Withholds, destroys, or confiscates an actual or purported passport or other immigration document or other actual or purported government identification document
  • Compels a person to provide labor or services having economic value to retire, repay, or service an actual or purported debt if the following apply:
    • The reasonable value of the labor or services is not applied toward the liquidation of the debt.
    • The length of labor or services is not limited, and the nature of the labor or services is not defined.
  • Uses force or engages in any scheme, plan, or pattern to instill in a person a fear that, if that person does not provide labor or services having economic value, the actor or another person will do the following:
    • Cause physical injury to or death of a person
    • Cause destruction of or consequential damage to property, other than property of the actor
    • Engage in other conduct constituting a class A, B, or C crime or criminal restraint
    • Accuse a person of a crime or cause criminal charges or deportation proceedings to be instituted against a person
    • Expose a secret or publicize an asserted fact, regardless of veracity, that would subject a person, except the actor, to hatred, contempt, or ridicule
    • Testify or provide information or withhold testimony or information regarding a person's legal claim or defense
    • Use a position as a public servant to perform some act related to an official duty or fail or refuse to perform an official duty in a manner that affects a person
    • Perform any other act that would not in itself materially benefit the actor but that is calculated to harm the person being compelled with respect to that person's health, safety, or immigration status

A person is guilty of aggravated criminal forced labor if the person violates § 304 and the person compelled to provide labor or services having economic value is younger than age 18.

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat. Tit. 17-A, §§ 853; 854

A person is guilty of sex trafficking if the person knowingly promotes prostitution.

A person is guilty of aggravated sex trafficking if the person knowingly does any of the following:

  • Promotes prostitution by compelling a person to enter into, engage in, or remain in prostitution
  • Promotes prostitution of a person younger than age 18
  • Promotes prostitution of a person who suffers from a mental disability that is reasonably apparent or known to the actor and that in fact renders the other person substantially incapable of appraising the nature of the conduct involved

The term 'compelling' includes the following:

  • The use of a drug or intoxicating substance to render a person incapable of controlling that person's conduct or appreciating its nature
  • Withholding or threatening to withhold a scheduled drug or alcohol from a drug- or alcohol-dependent person
  • Making material false statements
  • Withholding, destroying, or confiscating a passport, immigration document, or other government identification document with the intent to impair a person's freedom of movement
  • Requiring prostitution to be performed to retire, repay, or service an actual or purported debt
  • Using force or engaging in any scheme, plan, or pattern to instill in a person a fear that, if the person does not engage or continue to engage in prostitution, the actor or another person will cause harm to the person or the person's property