Definitions of Human Trafficking - New Jersey

Defined in Child Protection Law

Citation: Ann. Stat. § 9:6-8.21

The terms 'abused child' or 'abused or neglected child' include a child younger than age 18 whose parent, guardian, or other person having custody and control commits or allows to be committed an act of sexual abuse against the child.

Definitions of Labor Trafficking

Citation: Ann. Stat. §§ 2C:13-8; 2C:13-9

A person commits the crime of human trafficking if he or she does any of the following:

• Knowingly holds, recruits, lures, entices, harbors, transports, provides, or obtains, by any means, another to provide labor or services through any of the following:
  • By causing or threatening to cause serious bodily harm or physical restraint against the person or any other person
  • By means of any scheme, plan, or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint
  • By committing a violation of § 2C:13-5 (criminal coercion) against the person
  • By destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document, or other document issued by a government agency to any person that could be used as a means of verifying the person's identity or age or any other personal identifying information
  • By means of the abuse or threatened abuse of the law or legal process
  • By means of fraud, deceit, or misrepresentation against the person
  • By facilitating access to a controlled dangerous substance
• Receives anything of value from participation as an organizer, supervisor, financier, or manager in a scheme or course of conduct that involves human trafficking

A person commits a crime of the second degree if he or she does any of the following:

• Provides services, resources, or assistance, including financial support, lodging, transportation, the provision of false documentation or identification, equipment, facilities, or any other service or property, with the knowledge that the services, resources, or assistance are intended to be used in furtherance of the commission of the crime of human trafficking
• Procures or attempts to procure a person to engage in sexual activity or to provide labor or services, knowing that the person provided or to be provided was a victim of human trafficking, or under circumstances in which a reasonable person would conclude that there was a substantial likelihood that the person was a victim of human trafficking

There shall be a rebuttable presumption that the defendant knew, and that a reasonable person would conclude there was a substantial likelihood, that a person was a victim of human trafficking, if the the following are true:

• The person could not leave the premises where the person provided labor or services without accompaniment of another person or was otherwise subjected to significant restrictions on the person's freedom of movement.
• The person did not possess or have access to any means of communication, including, but not limited to, a cellular or other wireless telephone or other electronic communication device, and was not permitted or was otherwise unable to communicate with another person without supervision or permission.

There shall be a rebuttable presumption that the following are true:

• A person knew that a child younger than age 18 procured to engage in sexual activity or for whom attempts were made to procure for that activity was a victim of human trafficking.
• A reasonable person would conclude that there was a substantial likelihood that a child younger than age 18 procured to engage in sexual activity or for whom attempts were made to procure for that activity was a victim of human trafficking.

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat. §§ 2C:13-8; 2C:13-10

A person commits the crime of human trafficking if he or she does any of the following:

• Knowingly holds, recruits, lures, entices, harbors, transports, provides, or obtains, by any means, another person to engage in sexual activity as defined in § 2C:34-1(a)(2)
• Knowingly holds, recruits, lures, entices, harbors, transports, provides, or obtains, by any means, a child younger than age 18 to engage in sexual activity, whether or not the actor mistakenly believed that the child was age 18 or older, even if that mistaken belief was reasonable

A person commits the offense of advertising commercial sexual abuse of a minor if the person does any of the following:

• Knowingly publishes, disseminates, or displays, or causes directly or indirectly to be published, disseminated, or displayed, any advertisement for a commercial sex act that is to take place in this State and that includes the depiction of a minor
• Knowingly purchases advertising in this State for a commercial sex act that includes the depiction of a minor

The term 'advertisement for a commercial sex act' means any advertisement or offer in electronic or print media, including the Internet, which includes either an explicit or implicit offer for a commercial sex act to occur in this State. The term 'commercial sex act' means any act of sexual contact or sexual penetration, as defined in § 2C:14-1, or any prohibited sexual act, as defined in § 2C:24-4, for which something of value is given or received by any person.