Definitions of Human Trafficking - Massachusetts

Defined in Child Protection Law

Citation: Ann. Laws. Ch. 119, §§ 21; 51B

A 'sexually exploited child' is any person younger than age18 who has been subjected to sexual exploitation because of the following:

• The person is the victim of the crime of sexual servitude, pursuant to chapter 265, § 50, or is the victim of the crime of sex trafficking, as defined in 22 U.S.C. § 7105.
• The person engages, agrees to engage, or offers to engage in sexual conduct with another person in return for a fee or in exchange for food, shelter, clothing, education, or care.
• The person is a victim of the crime, whether or not prosecuted, of inducing a minor into prostitution under chapter 272, § 4A.
• The person engages in common night walking or common streetwalking under chapter 272, § 53.

The Department of Children and Families shall immediately report to the district attorney and local law enforcement authorities when early evidence indicates there is reasonable cause to believe that that a child has been sexually exploited, including child prostitution or child pornography, is a sexually exploited child, or a child who is otherwise a human trafficking victim, and the condition resulted from abuse or neglect.

Definitions of Labor Trafficking

Citation: Ann. Laws Ch. 265, §§ 51; 49

A person commits the crime of trafficking of persons for forced services when that person knowingly does any of the following:

• Subjects, or attempts to subject, another person to forced services or 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 such person will be subjected to forced services
• Benefits, financially or by receiving anything of value, as a result of the above

Whoever commits the crime of trafficking of persons for forced services upon a person younger than age 18 shall be punished by imprisonment in the State prison for life or for any term of years, but no less than 5 years.

The term 'forced services' means services performed or provided by a person that are obtained or maintained by another person who does any of the following:

• Causes or threatens to cause serious 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
• Engages in extortion
• Causes or threatens to cause financial harm to any person

The term 'financial harm' means a detrimental position in relation to wealth, property, or other monetary benefits that occurs as a result of another person's illegal act including, but not limited to, extortion, usury, or illegal employment contracts.

Definitions of Sex Trafficking of Minors

Citation: Ann. Laws Ch. 265, §§ 50; 49

A person commits the crime of trafficking of persons for sexual servitude when that person knowingly does any of the following:

• Subjects, or attempts to subject, or 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 to engage in commercial sexual activity, a sexually-explicit performance, or the production of unlawful pornography; or causes a person to engage in commercial sexual activity, a sexually explicit performance, or the production of unlawful pornography
• Benefits, financially or by receiving anything of value, as a result of the above

Whoever commits the crime of trafficking of persons for sexual servitude upon a person younger than age 18 shall be punished by imprisonment in the State prison for life or for any term of years, but no less than 5 years.

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

The term 'services' means acts performed by a person under the supervision of or for the benefit of another including, but not limited to, commercial sexual activity and sexually-explicit performances. The term 'sexually explicit performance' means an unlawful live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.