Chapter 07-123

Chapter 123

2007 -- S 0692 SUBSTITUTE B

Enacted 06/27/07

A N A C T

RELATING TO CRIMINAL OFFENSES -- TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE

Introduced By: Senators Perry, Pichardo, Paiva-Weed, Miller, and Goodwin

Date Introduced: February 15, 2007

It is enacted by the General Assembly as follows:

SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 67

TRAFFICKING OF PERSONS AND INVOLUNTARY SERVITUDE

11-67-1. Definitions. -- As used herein:

(1) "Intimidation" means an intentional written, verbal or physical act or threat of a

physical act that, under the totality of circumstances a reasonable person should know will have

the effect of: physically harming, or damaging a person's property, placing a person in reasonable

fear of harm to his or her person or to his or her family, or placing a person in reasonable fear of

damage to his or her property.

(2) "Commercial sexual activity" means any sex act which is performed or promised in

return for payment of money.

(3) "Forced labor" means labor performed or provided by another person that is obtained

or maintained through:

(i) any scheme, plan, or pattern intending to cause or threatening to cause physical harm

to any person;

(ii) an actor's physically restraining or threatening to physically restrain another person;

(iii) an actor's abusing or threatening to abuse the law or legal process;

(iv) an actor's knowingly destroying, concealing, removing, confiscating, or possessing

without a person’s consent any actual or purported passport or other immigration document, or

any other actual or purported government identification document, of another person;

(v) an actor's blackmail; or

(vi) an actor's intimidation.

(4) "Labor" means work of economic or financial value.

(5) "Maintain" means, in relation to labor, to secure continued performance thereof,

regardless of any initial agreement on the part of the victim to perform such type of labor.

(6) "Obtain" means in relation to labor, to secure continued performance thereof.

(7) "Sex act" means any sexual contact or sexual penetration of a person, as defined in

11-37-1.

(8) "Victim" means a person subject to the practices set forth in sections 11-67-2 or 11-

67-3.

11-67-2. Involuntary servitude -- (a) Whoever knowingly subjects, attempts to subject,

or engages in a conspiracy to subject another person to forced labor in order to commit a

commercial sexual activity either by:

(1) causing or threatening to cause physical harm to any person;

(2) physically restraining or threatening to physically restrain another person;

(3) abusing or threatening to abuse the law or legal process;

(4) knowingly destroying, concealing, removing, confiscating or possessing without that

person’s consent any actual or purported passport or other immigration document, or any other

actual or purported government identification document, of another person; or

(5) by using intimidation; shall be guilty of a felony and subject to not more than twenty

(20) years imprisonment or a fine of not more than twenty thousand dollars ($20,000) or both.

(b) In cases involving a minor between the ages of seventeen (17) and eighteen (18)

years, the defendant is guilty of a felony, and subject to not more than thirty (30) years

imprisonment, or a fine of not more than thirty thousand dollars ($30,000), or both;

defendant is guilty of a felony, and subject to not more than forty (40) years imprisonment, or a

fine of up to forty thousand dollars ($40,000), or both.

11-67-3. Trafficking of persons for forced labor or commercial sexual activity. –

Whoever knowingly:

(a) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to

recruit, entice, harbor, transport provide, or obtain by any means, another person, intending or

knowing that the person will be subjected to forced labor in order to commit a commercial sexual

activity; or

(b)_benefits, financially or by receiving anything of value, from knowing participation in

a venture which has engaged in an act described in violation of section 11-67-2, or 11-67-3, is

guilty of a felony and subject to not more than twenty (20) years imprisonment or a fine of not

more than twenty thousand dollars ($20,000), or both; provided, however, that this subsection

shall not apply to a “victim” as defined in this chapter.

11-67-4. Restitution. – In addition to any other amount of loss identified, the court shall

order restitution including the greater of:

(a) the gross income or value to the defendant of the victim's labor or commercial sexual

activity; or

(b) the value of the victim's labor as guaranteed under the minimum wage law and

overtime provisions of the fair labor standards act (FLSA) or the minimum wage law, whichever

is greater.

11-67-5. Forfeitures. – (a) A person who is found in a criminal proceeding to be in

violation of section 11-67-2 or 11-67-3 shall forfeit to the state of Rhode Island any profits or

proceeds and any interest or property he or she has acquired or maintained in violation of this act,

that the sentencing court determines, after a forfeiture hearing, to have been acquired or

maintained as a result of maintaining a person in involuntary servitude or participating in

trafficking in persons for forced labor in order to commit a criminal sexual activity.

(b) The court shall upon petition by the attorney general at any time following

sentencing, conduct a hearing to determine whether any property or property interest is subject to

forfeiture under this section. At the forfeiture hearing the state shall have the burden of

establishing by a preponderance of the evidence that property or property interests are subject to

forfeiture under this act.

restraining order, injunction, or prohibition or any other action in connection with any property or

interest subject to forfeiture under this section is sought, the court shall first determine whether

there is probable cause to believe that the person or persons so charged have committed the

offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons for

forced labor or commercial sexual activity and whether the property or property interest is subject

to forfeiture pursuant to this section.

(d) All monies forfeited and the sale proceeds of all other property forfeited and seized

under this section shall be deposited in the general fund.

SECTION 2. This act shall take effect upon passage.

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LC01566/SUB B

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