Definitions of Human Trafficking - Maryland

Date: July 2020

Defined in Child Protection Law

Citation: Fam. Law § 5-701

'Sex trafficking' means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.

'Sexual abuse' means any act that involves the following:

  • Sexual molestation or exploitation of a child by any of the following:
    • A parent
    • A household member or family member
    • A person who has permanent or temporary care or custody of the child
    • A person who has responsibility for supervision of the child
    • A person who, because of the person's position or occupation, exercises authority over the child
  • Sex trafficking of a child by any individual

'Sexual molestation or exploitation' includes the following:

  • Allowing or encouraging a child to engage in any of the following:
    • Obscene photography, films, poses, or similar activity
    • Pornographic photography, films, poses, or similar activity
    • Prostitution
  • Incest
  • Rape
  • A sexual offense in any degree
  • Sodomy
  • Unnatural or perverted sexual practices

Definitions of Labor Trafficking

Citation: Crim. Law. §§ 3-1202; 3-1201

A person may not knowingly do either of the following:

  • Take, place, harbor, persuade, induce, or entice another by force, fraud, or coercion to provide services or labor
  • Receive a benefit or thing of value from the provision of services or labor by another that was induced by force, fraud, or coercion

The term 'coercion' includes any of the following, actual or threatened:

  • Use of physical force against an individual
  • Restraint, abduction, isolation, or confinement of an individual against the individual's will and without lawful authority
  • Control or direction of the activity of an individual through debt bondage
  • Destruction, concealment, removal, confiscation, withholding, or possession of an actual or purported passport, immigration document, or governmental identification document of an individual
  • Infliction of serious psychological harm to an individual
  • Control of an individual's access to a controlled dangerous substance
  • Exposure or dissemination of any fact or information that would tend to subject an individual to criminal or immigration proceedings
  • Notification to an agency or unit of the State or Federal government that an individual is present in the United States in violation of Federal immigration law
  • Exploitation of a vulnerable adult

The term 'debt bondage' means the status or condition of an individual who provides labor, services, or sex acts to pay a real or alleged debt, when any of the following apply:

  • The value of the labor, services, or sex act is not applied toward the liquidation of the debt.
  • The nature of the labor, services, or sex act is not limited or defined.
  • The amount of the debt does not reasonably reflect the value of items, services, or other things of value for which the debt was incurred.

Definitions of Sex Trafficking of Minors

Citation: Crim. Law. § 3-1102

A person may not knowingly do any of the following:

  • Take or cause another to be taken to any place for prostitution
  • Place, cause to be placed, or harbor another in any place for prostitution
  • Persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution
  • Receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation
  • Engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm
  • Destroy, conceal, remove, confiscate, or possess an actual or purported passport, immigration document, or government identification document of another while otherwise violating or attempting to violate this subsection

A parent, guardian, or person who has permanent or temporary care or custody or responsibility for supervision of another may not consent to the taking or detention of the other for prostitution.

A person may not violate this section involving a victim who is a minor. A person may not violate with the use of or intent to use force, threat, coercion, or fraud. It is not a defense to a prosecution under this section that the person did not know the age of the victim.

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