2007 -- H 5881 SUBSTITUTE A
A N A C T
RELATING TO CRIMINAL OFFENSES -- TRAFFICKING OF PERSONS AND
Introduced By: Representatives Giannini, Kilmartin, Mattiello, Rice, and D Caprio
Date Introduced: March 01, 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:
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
(8) "Victim" means a person subject to the practices set forth in sections 11-67-2 or 11-
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;
(c) In cases in which the minor had not attained the age of seventeen (17) years,
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. –
(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
(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
(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
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.
(c) In any action brought by the state of Rhode Island under this section, wherein any
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.