Definitions of Human Trafficking - Oklahoma

Date:

Defined in Child Protection Law

Citation: Ann. Stat. Tit. 10A, § 1-1-105

The term abuse' means harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child's health, safety, or welfare, including, but not limited to, nonaccidental physical or mental injury, sexual abuse, or sexual exploitation.

The term 'sexual exploitation' includes, but is not limited to, the following:

  • Allowing, permitting, encouraging, or forcing a child to engage in prostitution, as defined by law, by any person age 18 or older or by a person responsible for the health, safety, or welfare of a child
  • Allowing, permitting, encouraging, or engaging in the lewd, obscene, or pornographic photographing, filming, or depicting of a child in those acts by a person responsible for the child's health, safety, or welfare

The term 'trafficking in persons' means sex trafficking or severe forms of trafficking in persons, as described in title 22, § 7102 of the U. S. Code and defined as follows:

  • 'Sex trafficking' means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
  • 'Severe forms of trafficking in persons' means either of the following:
    • Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not reached age 18
    • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery

Definitions of Labor Trafficking

Citation: Ann. Stat, Tit. 21, § 748

The term 'human trafficking' means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's labor. The term 'human trafficking for labor' means either of the following:

  • Recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion or for purposes of engaging the person in labor
  • Benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act of trafficking for labor

The term 'coercion' means compelling, forcing, or intimidating a person to act by any of the following actions:

  • Threats of harm or physical restraint against any person
  • Any act, scheme, plan, or pattern intended to cause a person to believe that performing, or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person
  • The abuse or threatened abuse of the law or legal process
  • Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport, labor or immigration document, or other government identification document, including, but not limited to, a driver's license or birth certificate, of another person
  • Facilitating or controlling a person's access to any addictive or controlled substance other than for legal medical purposes
  • Blackmail
  • Demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution
  • Determining, dictating, or setting the times or places at which another person will be available to engage in an act of prostitution with a third party
  • Determining, dictating, or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party

The term 'debt bondage' means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

The term 'legal process' means the criminal law, the civil law, or the regulatory system of the Federal government, any State, territory, district, commonwealth, or trust territory therein, and any foreign government or subdivision thereof and includes legal civil actions, criminal actions, and regulatory petitions or applications.

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat, Tit. 21, § 748

The term 'human trafficking' means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's commercial sex act. The term 'human trafficking for commercial sex' means the following:

  • Recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion for purposes of engaging the person in a commercial sex act
  • Recruiting, enticing, harboring, maintaining, transporting, providing, purchasing, or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act
  • Benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex

The term 'commercial sex' means any form of commercial sexual activity, including sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display.

The term 'minor' refers to an individual who is younger than age 18. Lack of knowledge of the age of the victim shall not constitute a defense to the activity prohibited by this section with respect to human trafficking of a minor.

The consent of a victim to the activity prohibited by this section shall not constitute a defense.