Definitions of Human Trafficking - Wyoming

Defined in Child Protection Law

Citation: Ann. Stat. § 14-3-202

The term 'abuse' includes the commission or allowing the commission of a sexual offense against a child, as defined by law.

Definitions of Labor Trafficking

Citation: Ann. Stat. §§ 6-2-701; 6-2-702; 6-2-703

A person commits human trafficking in the first degree when the person intentionally or knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual for the purpose of forced labor or servitude, sexual servitude, or sexual servitude of a minor.

A person commits human trafficking in the second degree when the person recklessly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual for the purpose of forced labor or servitude, sexual servitude, or sexual servitude of a minor.

The term 'coercion' means any one or more of the following:

• The use or threat of force, abduction, serious harm to, or physical restraint against any individual
• The use of a scheme, plan, pattern, or fraudulent statement with the intent to cause an individual to believe that failure to perform an act will result in serious harm to or physical restraint against any individual
• The abuse or threatened abuse of the law or legal process
• The abuse of a position of power or taking advantage of a position of vulnerability
• Providing a controlled substance to an individual for the purpose of controlling the person's behavior
• Interfering with lawful custody of or access to an individual's children
• The destruction of, taking of, or the threat to destroy or take an individual's identification document
• The use of an individual's personal services as security payment or satisfaction for a real or purported debt if any of the following apply:
  • The reasonable value of the services is not applied toward the liquidation of the debt.
  • The length of the services is not limited, and their nature is not defined.
  • The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.
  • The individual is prevented from acquiring accurate and timely information about the disposition of the debt.

The term 'deception' means the following:

• A person's creation or confirmation of an individual's impression of material fact or event that is false and that the person knows or has reason to believe is false, including the following:
  • The nature of labor or services to be provided
  • The fundamental conditions of labor
  • The extent to which the individual will be free to leave the individual's place of residence or workplace
• The promise of a benefit to or performance of a service to an individual that the person does not intend to be delivered or performed

The term 'forced services' means services performed or provided by a person that are obtained or maintained by another person who does the following:

• Causes or threatens to cause serious harm to any person
• Physically restrains or threatens to physically restrain another person
• Abuses or threatens to abuse the law or legal process
• Knowingly destroys, conceals, removes, or confiscates any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person
• Engages in blackmail
• Causes or threatens to cause financial harm to any person

The term 'serious harm' means physical or nonphysical harm or property damage, including, but not limited to, bodily injury, economic loss, personal injury, or reputational harm sufficient to compel a reasonable person of the same background and in the same circumstance of the victim to perform or to continue performing labor, a service, or a commercial sex act in order to avoid incurring that harm.

Definitions of Sex Trafficking of Minors

Citation: Ann. Stat. §§ 6-2-701; 6-2-706

The term 'commercial sex act' means any sexual act for which anything of value is given to, promised, or received by a person in exchange for the sexual act. The term 'services' means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor.

A person is guilty of sexual servitude of a minor when the person intentionally, knowingly, or recklessly offers, obtains, procures, or provides an individual younger than age 18 to engage in commercial sexual services.

It is not a defense in a prosecution under this section that the individual consented to engage in commercial sexual services or that the defendant reasonably believed the individual was at least age 18.