Definitions of Human Trafficking - Northern Mariana Islands

Defined in Child Protection Law

Citation: Commonwealth Code Tit. 6, § 1314

A person commits the crime of unlawful exploitation of a minor if, with the intent of producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed below, the person knowingly induces or employs a child younger than age 18 to engage in, or photographs, films, records, or televises a child younger than age 18 engaged in, the following actual or simulated conduct:

• Sexual penetration
• The lewd touching of another person's genitals, anus, or breast
• The lewd touching by another person of the child's genitals, anus, or breast
• Masturbation
• Bestiality
• The lewd exhibition of the child's genitals
• Sexual masochism or sadism

A parent, legal guardian, or person having custody or control of a child younger than age 18 commits the crime of unlawful exploitation of a minor if the person permits the child to engage in conduct described above knowing that the conduct is intended to be used in producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct.

Definitions of Labor Trafficking

Citation: Commonwealth Code Tit. 6, §§ 1501; 1502; 1503

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 actions by an actor:

• Causing, attempting to cause, or threatening to cause injury to any person
• Physically restraining, attempting to physically restrain, or threatening to physically restrain any person
• Abusing, attempting to abuse, or threatening to abuse the law or legal process
• Engaging in conduct described in the criminal coercion statute (title 6, § 1431)

A person commits the crime of 'involuntary servitude' if the person recklessly, knowingly, or intentionally subjects or attempts to subject another person to forced labor or services without due process of law.

A person commits the crime of 'human trafficking for involuntary servitude' if the person does any of the following:

• Knowingly recruits, transports, entices, harbors, provides, or obtains by any means another person, knowing or with the intent that the person will be subjected to involuntary servitude
• Conspires with another or attempts to engage in conduct described above
• Benefits financially or receives anything of value from knowing participation in a venture that has engaged in an act described above

Definitions of Sex Trafficking of Minors

Citation: Commonwealth Code Tit. 6, §§ 1504; 1501

A person commits the crime of 'sexual servitude of a minor' if the person does any of the following:

• Knowingly recruits, entices, harbors, transports, provides, or procures by any means a person under 18 years of age, with the intent of inducing the person to engage in any commercial sex act, conduct prohibited under the Sexual Abuse of a Minor Act (title 6, §§ 1306-1309), or conduct prohibited under the Unlawful Exploitation of a Minor statute (title 6, § 1314)
• Knowingly recruits, entices, harbors, transports, provides, or procures by any means, a person younger than age 18, knowing that another will induce, or attempt to induce, the person being recruited, enticed, harbored, transported, provided, or procured to engage in any commercial sex act or other prohibited conduct
• Knowingly causes or attempts to cause a minor to engage in any commercial sex act or other prohibited conduct

In any prosecution under this section, it is an affirmative defense that at the time of the alleged offense, the defendant reasonably believed the victim to be age 18 or older, unless the victim was younger than age 15 at the time of the alleged offense.

The term 'commercial sex act' means any sex act or sexual conduct, including sexually explicit performances, on account of which anything of value is exchanged, given, promised to, or received by any person.