Definitions of Human Trafficking - Nebraska

Defined in Child Protection Law

Citation: Rev. Stat. § 28-710

The term 'child abuse or neglect' means knowingly, intentionally, or negligently causing or permitting a minor child to be subjected to any of the following:

• Placed in a situation to be sexually abused
• Placed in a situation to be sexually exploited through sex trafficking of a minor, as defined in § 28-830, or by allowing, encouraging, or forcing such person to engage in debauchery; public indecency; or obscene or pornographic photography, films, or depictions
• Placed in a situation to be a trafficking victim, as defined in § 28-830

Definitions of Labor Trafficking

Citation: Rev. Stat. § 28-830

The term 'labor trafficking' means knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means, or attempting to recruit, entice, harbor, transport, provide, or obtain by any means, a person age 18 or older intending or knowing that the person will be subjected to forced labor or services.

The term 'labor trafficking of a minor' means knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means or attempting to recruit, entice, harbor, transport, provide, or obtain by any means a minor intending or knowing that the minor will be subjected to forced labor or services.

The term 'labor or services' means work or activity of economic or financial value.

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

• Inflicting or threatening to inflict serious personal injury on another person
• Physically restraining or threatening to physically restrain the other person
• Abusing or threatening to abuse the legal process against another person to cause arrest or deportation for violation of Federal immigration law
• Controlling or threatening to control another person's access to a controlled substance
• Exploiting another person's substantial functional impairment or substantial mental impairment
• Knowingly 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 the other person
• Causing or threatening to cause financial harm to another person, including debt bondage

The term 'debt bondage' means inducing another person to provide the following:

• Commercial sexual activity in payment toward or satisfaction of a real or purported debt
• Labor or services in payment toward or satisfaction of a real or purported debt if:
  • The reasonable value of the labor or services is not applied toward the liquidation of the debt.
  • The length of the labor or services is not limited, and the nature of the labor or services is not defined.

The term 'financial harm' means theft by extortion as described by § 28-513.

Definitions of Sex Trafficking of Minors

Citation: Rev. Stat. § 28-830

The term 'sex trafficking' means knowingly recruiting, enticing, harboring, transporting, providing, soliciting, or obtaining by any means or knowingly attempting to recruit, entice, harbor, transport, provide, solicit, or obtain by any means a person age 18 or older for the purpose of having such person engage without consent in commercial sexual activity, sexually explicit performance, or the production of pornography or to cause or attempt to cause a person age 18 or older to engage without consent in commercial sexual activity, sexually explicit performance, or the production of pornography.

The term 'sex trafficking of a minor' means knowingly recruiting, enticing, harboring, transporting, providing, soliciting, or obtaining by any means or knowingly attempting to recruit, entice, harbor, transport, provide, solicit, or obtain by any means a minor for the purpose of having such minor engage in commercial sexual activity, sexually explicit performance, or the production of pornography or to cause or attempt to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of pornography.

The term 'commercial sexual activity' means any sex act on account of which anything of value is given, promised to, or received by any person. The term 'sexually-explicit performance' means a live or public play, dance, show, or other exhibition intended to arouse or gratify sexual desire or to appeal to prurient interests.