Chapter 188

2009 -- H 5661 SUBSTITUTE B

Enacted 11/04/09

 

A N A C T

RELATING TO CRIMINAL OFFENSES - TRAFFICKING OF PERSONS AND

INVOLUNTARY SERVITUDE     

     

     Introduced By: Representatives Giannini, DaSilva, Corvese, Petrarca, and Gablinske

     Date Introduced: February 25, 2009

     

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 11-67-2 of the General Laws in Chapter 11-67 entitled "Trafficking

of Persons and Involuntary Servitude" is hereby amended to read as follows:

 

     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 or

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.

 

     SECTION 2. Chapter 11-67 of the General Laws entitled "Trafficking of Persons and

Involuntary Servitude" is hereby amended by adding thereto the following sections:

 

     11-67-6. Sex trafficking of a minor. -- (a) Definitions. As used in this section:

     (1) "Commercial sex act" means any sex act or sexually explicit performance on account

of which anything of value is given, promised to, or received, directly or indirectly, by any

person.

     (2) "Minor" refers to any natural person under eighteen (18) years of age.

     (3) "Person" includes an individual, corporation, partnership, association, a government

body, a municipal corporation, or any other legal entity.

     (4) "Sex act" means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital

intrusion or intrusion by any object into the genital opening or anal opening of another person's

body or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the

sexual desire of either person.

     (5) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the

sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or

private, live, photographed, recorded, or videotaped.

     (b) Any person who:

     (1) Recruits, employs, entices, solicits, isolates, harbors, transports, provides, persuades,

obtains, or maintains, or so attempts, any minor for the purposes of commercial sex acts; or

     (2) Sells or purchases a minor for the purposes of commercial sex acts; or

     (3) Benefits, financially or by receiving anything of value, from participation in a venture

which has engaged in an act described in subdivision (1) or (2); or

     (c) Every person who shall commit sex trafficking of a minor, shall be 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.

     (d) Obstructs, or attempts to obstruct, or in any way interferes with or prevents the

enforcement of this section shall be guilty of a felony and subject to not more than twenty (20)

years imprisonment, or a fine of up to twenty thousand dollars ($20,000), or both.

     (e) In a prosecution under this section, the government need not prove that the defendant

knew the victim’s age.

 

     11-67-7. Interagency task force on trafficking in persons created - Composition -

Duties and responsibilities. --

     (a) There is hereby created an interagency human trafficking of persons task force which

will examine and report upon the extent of the existence of human trafficking for commercial

sexual activity within the State of Rhode Island. The task force shall consist of the attorney

general or his or her designee; the superintendent of the Rhode Island State Police or his or her

designee; the director of the Municipal Police Training Academy or his or her designee; the Chief

of Police of the City of Providence or his or her designee; the President of the Rhode Island

Police Chief's Association or his or designee; the public defender or his or her designee; and the

director of the Rhode Island Commission on Women or his or her designee.

     (b) Additionally, the governor, the president of the senate and the speaker of the house

shall each appoint three (3) members of the public who have a special expertise dealing with

victims of crimes; the behavioral needs of women and children; social welfare issues such as the

financial, healthcare, housing and literacy needs of women, children and low-income individuals;

social justice and human rights issues; issues facing immigrants and non-citizens, civil rights;

and/or specialized training in human trafficking and the needs of victims of human trafficking.

     (c) A quorum of the committee shall consist of at least eight (8) of its members. The task

force shall elect a chairperson.

     (d) On or before December 31, 2010, the task force shall submit to the Governor, the

Attorney General, the Speaker of the House of Representatives and the President of the Senate a

report setting forth its findings as to the extent to which human trafficking for commercial sexual

activity is occurring in this State and making such recommendations as it deems appropriate for

legislative and executive action relating to the enforcement of this chapter and the provision of

social services to victims of human trafficking.

 

     11-67-8. Reporting. On or before January 15, 2010, and semi-annually thereafter, each

law enforcement agency in this state shall file with the Governor, the Attorney General, the

Speaker of the House of Representatives and the President of the Senate a report concerning the

agency's enforcement of this chapter during the preceding six (6) month period. Each semi-annual

report shall contain, but need not be limited to, the following information:

     (1) The number of persons arrested pursuant to section 11-67-2, section 11-67-3,

subsection 11-67-6 (b), and subsection 11-67-6 (d).

     (2) Of those arrested, the number of persons convicted, placed on probation, whose case

is filed pursuant to section 12-10-12, whether those persons pled guilty or nolo contendere or

were found guilty after trial by judge or jury;

     (3) The fines and/or sentences of those persons identified pursuant to subdivision (2) of

this section; and

     (4) A summary of the amounts of fines levied and the lengths of sentences identified

pursuant to subdivision (3) of this section.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC01936/SUB B

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