Definitions of Human Trafficking - New Hampshire

Date: July 2020

Defined in Child Protection Law

Citation: Rev. Stat. § 169-C:3

An 'abused child' is any child who has been subjected to any of the following:

  • Sexual abuse
  • Intentional physical injury
  • Psychological injury so that the child exhibits symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect
  • Physical injury by other than accidental means
  • Human trafficking, by any person, as defined in § 633:7
  • Female genital mutilation

The term 'sexual abuse' includes the following:

  • The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in or having a child assist any other person to engage in any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct
  • The rape, molestation, prostitution, other form of sexual exploitation of children, or incest

With respect to the definition of sexual abuse, the term 'child' means any individual who is younger than age 18.

Definitions of Labor Trafficking

Citation: Rev. Stat. §§ 633:7; 633.6; 633.5

A person commits the felony of 'trafficking in persons' if that person knowingly compels another person against his or her will to perform a service or labor, including a commercial sex act or a sexually-explicit performance, for the benefit of another, where the compulsion is accomplished by any of the following means:

  • Causing or threatening to cause serious harm to any person
  • Confining the person unlawfully or threatening to confine the person
  • Abusing or threatening abuse of law or legal process
  • Destroying, concealing, removing, confiscating, or otherwise making unavailable to that person any actual or purported passport or other immigration document or any other actual or purported government identification document
  • Threatening to commit a crime against the person
  • Making false promises relating to the terms and conditions of employment, education, marriage, or financial support
  • Threatening to reveal any information sought to be kept concealed by the person that relates to the person's legal status or that would expose the person to criminal liability
  • Facilitating or controlling the person's access to an addictive controlled substance
  • Engaging in any scheme, plan, or pattern, whether overt or subtle, intended to cause the person to believe that, if he or she did not perform such labor, services, commercial sex acts, or sexually explicit performances, that such person or any person would suffer serious harm or physical restraint
  • Withholding or threatening to withhold food or medication that the actor has an obligation or has promised to provide to the person
  • Coercing a person to engage in any of the foregoing acts by requiring such in satisfaction of a debt owed to the actor

A person performs a service or labor against his or her will if the person is coerced into performing the service or labor, or if the person willingly begins to perform the service or labor but later attempts to withdraw from performance and is compelled to continue performing. The payment of a wage or salary shall not be determinative on the question of whether a person was compelled to perform a service or labor against his or her will.

The term 'serious harm' includes physical and nonphysical harm. It can be any improper threat of a consequence sufficient under the circumstances to compel or coerce a reasonable person in the same situation to provide or continue to provide labor or services, or to engage in commercial sex acts or sexually explicit performances.

The term 'abusing or threatening abuse of law or legal process' means using or threatening to use a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed to exert pressure on another person to cause that person to take some action or refrain from taking some action.

A person commits 'peonage' if that person knowingly holds a victim in a condition of involuntary servitude in satisfaction of a debt owed to the actor. The term 'involuntary servitude' means a condition of servitude in which the victim is forced to work for a person by the use or threat of physical restraint or physical injury or by the use or threat of coercion through law or the legal process.

Definitions of Sex Trafficking of Minors

Citation: Rev. Stat. §§ 633:7; 633.6

A person shall be guilty of a class A felony if that person maintains or makes available an individual younger than age 18 for the purpose of engaging the individual in a commercial sex act or sexually explicit performance for the benefit of another.

The term 'commercial sex act' means any sex act for which anything of value is given, promised to, or received, directly or indirectly, by any person. The term 'sex act' means any act of sexual contact as defined in § 632-A:1( IV), any act of sexual penetration as defined in § 632-A:1(V), or any other sexually explicit conduct as defined in § 649-A:2.

The term 'sexually explicit performance' means an act or show involving one or more sex acts, intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, or videotaped.