Definitions of Human Trafficking - Nevada

Defined in Child Protection Law

Citation: Rev. Stat. §§ 432B.100; 432B.110; 432C.050; 432C.060

The term 'sexual abuse' includes acts upon a child constituting the following:

• Incest
• Lewdness with a child
• Sadomasochistic abuse
• Sexual assault
• Statutory sexual seduction
• Open or gross lewdness
• Mutilation of the genitalia of a female child

The term 'sexual exploitation' includes forcing, allowing, or encouraging a child to do the following:

• To solicit for or engage in prostitution
• To engage in filming, photographing, recording on videotape, posing, modeling, depiction, or a live performance before an audience that involves the exhibition of a child's genitals or any sexual conduct with a child

'Commercial sexual exploitation' means the sex trafficking of a child in violation of § 201.300 or the sexual abuse or sexual exploitation of a child for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

A 'commercially sexually exploited child' is any child who is sex trafficked, sexually abused, or sexually exploited for the financial benefit of any person or in exchange for anything of value, including, without limitation, monetary or nonmonetary benefits given or received by any person.

Definitions of Labor Trafficking

Citation: Rev. Stat. §§ 200.463; 200.4631

A person is guilty of holding a person in involuntary servitude if he or she knowingly subjects, or attempts to subject, another person to forced labor or services by doing any of the following:

• Causing or threatening to cause physical harm to any person
• Physically restraining or threatening to physically restrain any person
• Abusing or threatening to abuse the law or legal process
• 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 person
• Extortion
• Causing or threatening to cause financial harm to any person

A person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor, or provides care for any length of time to a minor is guilty of holding a minor in involuntary servitude if he or she knowingly does the following:

• Obtains labor or services from the minor by causing or threatening to cause serious harm to the minor or by engaging in a pattern of conduct that results in physical injury to the minor
• Benefits, financially or by receiving anything of value, from the labor or services obtained by the conduct specified above

Consent of the victim to the performance of any labor or services is not a valid defense to a prosecution conducted pursuant to this section. Nothing in this section shall be construed to prohibit a parent or guardian of a child from requiring his or her child to perform common household chores under the threat of the reasonable exercise of discipline by the parent or guardian of the child.

For the purposes of this section, 'physical injury' includes, without limitation, the following:

• A sprain or dislocation
• Damage to cartilage
• A fracture of a bone or the skull
• An injury causing an intracranial hemorrhage or injury to another internal organ
• Permanent or temporary disfigurement, including, without limitation, a burn, scalding, cut, laceration, puncture, or bite
• Permanent or temporary loss or impairment of a part or organ of the body

The term 'serious harm' means any harm, whether physical or nonphysical, including, without limitation, psychological, financial, or reputational harm, that is sufficiently serious, under the circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim to perform or to continue to provide labor or services to avoid incurring that harm.

Definitions of Sex Trafficking of Minors

Citation: Rev. Stat. §§ 200.4631; 201.300

A person who has physical custody of a minor, allows a minor to reside in his or her residence, is in a position of authority over a minor, or provides care for any length of time to a minor is guilty of holding a minor in involuntary servitude if he or she knowingly does any of the following:

• Obtains labor or services from the minor by causing or threatening to cause serious harm to the minor or by engaging in a pattern of conduct that results in sexual abuse or sexual assault of the minor
• Benefits, financially or by receiving anything of value other than sexual gratification, from the labor or services obtained by the conduct specified above

Consent of the victim to the performance of any labor or services is not a valid defense to a prosecution conducted pursuant to this section.

The term 'sexual abuse' includes acts upon a child constituting any of the following:

• Lewdness with a child pursuant to § 201.230
• Sadomasochistic abuse pursuant to § 201.262
• Sexual assault pursuant to § 200.366
• Open or gross lewdness pursuant to § 201.210
• Mutilation of the genitalia of a female child; aiding, abetting, encouraging, or participating in the mutilation of the genitalia of a female child; or removal of a female child from this State for the purpose of mutilating the genitalia of the child, pursuant to § 200.5083

A person is guilty of sex trafficking if the person induces, causes, recruits, harbors, transports, provides, obtains, or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged, or allowed for the purpose of sexual conduct or prostitution.