House of Representatives

HB 2148

human trafficking; violation

Sponsor: Representative Sinema

 

 

HB 2148 expands the crime of sex trafficking to apply to all commercial sex acts or sexually-explicit performances, rather than prostitution.

 

History

Arizona Revised Statutes (A.R.S.) § 13-1307 describes the crime of sex trafficking.  It specifies that it is illegal to transport or otherwise obtain any person with the intent to cause them to commit prostitution by deception, force, or coercion.  It specifies that it is also illegal to transport or otherwise obtain any person under eighteen years of age with the intent to cause them to commit prostitution, whether or not deception, force, or coercion are involved.  Sentences for offenses involving minors are to be served consecutively with any other sentences, and such offenses against persons under the age of fifteen are Dangerous Crimes Against Children.

 

Provisions

·          Criminalizes trafficking of an adult with knowledge that the trafficked adult will engage in any commercial sex act or sexually explicit performance by coercion, deception, or force.

 

·          Criminalizes trafficking of a minor with knowledge that the trafficked minor will engage in any commercial sex act or sexually explicit performance.

 

·          Specifies that knowledge that such a trafficked individual will engage in commercial sex acts or sexually explicit performance is a sex trafficking offense.

 

·          Defines va­­rious terms appearing in the section:

Ř      Defines trafficking as transporting or otherwise obtaining a person by coercion, deception, or force.

Ř      Defines coercion to include abuse or threat of abuse of the legal system, withholding of immigration documents, blackmail, financial harm or threat of financial harm, and facilitation or control of access to a controlled substance.

Ř      Defines force to include threatened or inflicted serious harm or physical restraint.

 

·          Changes the definition of forced labor or services in the statute defining criminal human trafficking for forced labor or services to include labor or services performed under any of the above conditions of coercion.

 

·          Makes technical and conforming changes.

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·          Forty-ninth Legislature

·          First Regular Session        2          March 2, 2009

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