STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

SENATE BILL 2251	By:	Gumm

AS INTRODUCED

An Act relating to crimes and punishments; amending Section 1, Chapter 134, O.S.L. 2008 (21 O.S. Supp. 2009, Section 748), which relates to human trafficking; increasing certain punishment; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 134, O.S.L. 2008 (21 O.S. Supp. 2009, Section 748), is amended to read as follows:
Section 748.  A.  As used in this act section and Section 748.2 of this title:
1.  “Human trafficking” refers to modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual;
2.  “Human trafficking for forced labor” includes, but is not limited to, forced labor in households, agricultural fields, sweatshops, and any other workplace; and
3.  “Human trafficking for forced sexual exploitation” includes, but is not limited to, all forms of forced commercial sexual activity such as forced sexually explicit performances, forced prostitution, forced participation in the production of pornography, forced performance in strip clubs and forced exotic dancing or display.
B.  A person commits the crime of human trafficking for forced labor or forced sexual exploitation if the person recruits, harbors, transports or obtains a person through the use of force, fraud or coercion by:
1.  Threats of serious harm or physical restraint against that person or another person;
2.  Destroying, concealing, removing, confiscating, or possessing any passport, immigration documents, or other government identification document;
3.  Abuse or threatened abuse of the law or legal process; or
4.  Means of any scheme, plan or pattern intended to cause the person to believe that the person or another person would suffer serious harm or physical restraint or if the person benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act of human trafficking.
C.  Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than five (5) ten (10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.  Any person violating the provisions of this section where the victim of the offense is under fourteen (14) years of age at the time of the offense shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than ten (10) twenty (20) years, or by a fine of not more than Twenty Thousand Dollars ($20,000.00), or by both such fine and imprisonment.  The court shall also order the defendant to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes.
D.  It is an affirmative defense to prosecution for a criminal offense that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking.
SECTION 2.  This act shall become effective November 1, 2010.

52-2-2131	TEK	1/14/2010 8:28:49 PM