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
general or his or her designee; the superintendent of the
designee; the director of the
of Police of the City of
Police Chief's Association or his or designee; the public
defender or his or her designee; and the
director of the
(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.
=======
LC01936/SUB B
=======