Definitions of Human Trafficking - North Dakota

Defined in Child Protection Law

Citation: Cent. Code §§ 27-20-2; 50-25.1-02

The term 'deprived child' means a child who is a victim of human trafficking, as defined in title 12.1.

The term 'sexually abused child' means an individual younger than age 18 who is subjected by a person responsible for the child's welfare or by any individual to sexual abuse, as described in §§ 12.1-20-01 through 12.1-20-07 (including gross sexual imposition, continuous sexual abuse of a child, sexual imposition, corruption or solicitation of minors, luring minors by computer or other electronic means, sexual abuse of wards, sexual exploitation by a therapist, or sexual assault) and §§ 12.1-20-11 through 12.1-20-12.2 (including incest, deviate sexual act, indecent exposure, or surreptitious intrusion), or sexual exploitation, as described in chapter 12.1-27.2 (sexual performances by children).

A 'neglected child' is a child who, due to the action or inaction of a person responsible for the child's welfare, is a victim of human trafficking, as defined in title 12.1.

Definitions of Labor Trafficking

Citation: Cent. Code §§ 12.1-41-02; 12.1-41-03; 12.1-41-01; 12.1-41-08

A person commits the offense of 'trafficking an individual' if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of forced labor in violation of § 12.1-41-03. A person commits the offense of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except when that conduct is permissible under Federal law or law of this State other than this chapter.

The term 'coercion' includes the following:

• The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual
• The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual
• The abuse or threatened abuse of law or legal process
• Controlling or threatening to control an individual's access to a controlled substance
• The destruction or taking of or the threatened destruction or taking of an individual's identification document or other property
• The use of debt bondage
• The use of an individual's physical or mental impairment when the impairment has a substantial adverse effect on the individual's cognitive or volitional function
• The commission of civil or criminal fraud

The term 'debt bondage' means inducing an individual to provide 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 or if the length of the labor or services is not limited and the nature of the labor or services is not defined.

The term 'identification document' means a passport, driver's license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government.

The term 'serious harm' means harm, whether physical or nonphysical, including psychological, economic, or reputational, to an individual that would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services to avoid incurring the harm.

An aggravating circumstance during the commission of an offense of human trafficking occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault; runaway youth; foster children; or the homeless.

Definitions of Sex Trafficking of Minors

Citation: Cent. Code §§ 12.1-41-02; 12.1-41-04; 12.1-41-01

A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of sexual servitude in violation of § 12.1-41-04. A person commits the offense of 'sexual servitude' if the person knowingly does any of the following:

• Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity
• Uses coercion or deception to compel an adult to engage in commercial sexual activity

It is not a defense in a prosecution that the minor consented to engage in commercial sexual activity or that the defendant believed the minor was an adult.

The term 'commercial sexual activity' means sexual activity for which anything of value is given to, promised to, or received by a person.

The term 'debt bondage' means inducing an individual to provide commercial sexual activity 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 or if the length of the labor or services is not limited and the nature of the labor or services is not defined.

The term 'sexual activity' means a 'sexual act' as defined in § 12.1-20-02. The term includes a sexually explicit performance.