Definitions of Human Trafficking - Mississippi

Defined in Child Protection Law

Citation: Ann. Code § 43-21-105

The term 'abused child' includes the following:

• A child whose parent, guardian, or custodian or any person responsible for his or her care or support, whether legally obligated to do so or not, has caused or allowed to be caused upon the child sexual abuse, sexual exploitation, or commercial sexual exploitation
• A child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child

The term 'sexual abuse' means obscene or pornographic photographing, filming, or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances that indicate that the child's health or welfare is harmed or threatened.

The term 'commercial sexual exploitation' means any sexual act or crime of a sexual nature that is committed against a child for financial or economic gain, to obtain a thing of value, for quid pro quo exchange of property, or for any other purpose.

Definitions of Labor Trafficking

Citation: Ann. Code §§ 97-3-54.1; 97-3-54.4

A person commits the crime of human trafficking when he or she coerces, recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services.

The term 'forced labor or services' means labor or services that are performed or provided by another person and are obtained or maintained through any of the following:

• Causing or threatening to cause serious harm to any person
• Physically restraining or threatening to physically restrain any person
• Abusing or threatening to abuse the law or legal process
• 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 another person
• Using blackmail or coercion
• Causing or threatening to cause financial harm to any person
• Abusing a position of power
• Using an individual's personal services as payment or satisfaction of a real or purported debt when the following apply:
  • The reasonable value of the services is not applied toward the liquidation of the debt.
  • The length of the services is not limited and the nature of the services is not defined.
  • The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred.
  • The individual is prevented from acquiring accurate and timely information about the disposition of the debt.
• Using any scheme, plan, or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that person or another person would suffer serious harm or physical restraint

The term 'coerce' or 'coercion' means the following:

• Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person
• Exposing or threatening to expose any fact or information or disseminating or threatening to disseminate any fact or information that would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule
• 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 any person
• Providing a controlled substance to a person for the purpose of compelling the person to engage in labor or sexual servitude against the person's will
• Causing or threatening to cause financial harm to any person or using financial control over any person
• Abusing or threatening to abuse a position of power, the law, or legal process
• Using blackmail
• Using an individual's personal services as payment or satisfaction of a real or purported debt when:
  • The reasonable value of the services is not applied toward the liquidation of the debt.
  • The length of the services is not limited and the nature of the services is not defined.
  • The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred.
  • The individual is prevented from acquiring accurate and timely information about the disposition of the debt.
• Using any scheme, plan, or pattern of conduct intended to cause any person to believe that, if the person did not perform the labor or services, that the person or another person would suffer serious harm or physical restraint

The term 'blackmail' means obtaining property or things of value of another by threatening to do the following:

• Inflict bodily injury on anyone
• Commit any other criminal offense
• Expose any secret tending to subject any person to hatred, contempt, or ridicule

Definitions of Sex Trafficking of Minors

Citation: Ann. Code §§ 97-3-54.1; 97-3-54.4

A person commits the crime of procuring sexual servitude of a minor when he or she knowingly subjects or attempts to subject; or recruits, entices, harbors, transports, provides, or obtains by any means; or attempts provide or obtain by any means, a minor, knowing that the minor will engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material or causes or attempts to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of sexually oriented material. It is not a defense in a prosecution under this section that a minor consented to engage in the commercial sexual activity, sexually explicit performance, or the production of sexually oriented material, or that the defendant reasonably believed that the minor was age 18 or older.

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

The term 'services' means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party and includes, without limitation, commercial sexual activity, sexually explicit performances, or the production of sexually explicit materials.

The term 'sexually explicit performance' means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.

The term 'sexually oriented material' shall have the meaning ascribed in § 97-5-27, including any material that contains representations or descriptions, actual or simulated, of masturbation, sodomy, homosexuality, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.