Missouri Senate

Perfected

ABUSING AN INDIVIDUAL THROUGH FORCED LABOR

This act adds the elements of blackmail, causing or threatening to cause financial harm, and physically restraining or threatening to cause serious physical injury to any person to the crime of abusing an individual through forced labor. If death results from a violation of this crime or if the violation includes kidnapping or an attempt to kidnap, sexual abuse when punishable as a Class B felony, or an attempt to kill, the crime of abuse through forced labor is a Class A felony. SECTION 566.203

TRAFFICKING FOR THE PURPOSE OF SLAVERY, INVOLUNTARY SERVITUDE, PEONAGE, OR FORCED LABOR

This act adds the elements of enticing by blackmail, causing or threatening to cause financial harm, benefitting financially or by receiving anything of value as well as using force, abduction, coercion and deception to the crime of trafficking for the purposes of slavery. The crime shall be punishable by imprisonment for a term of not less than 5 years and not more than 20 years and a fine of up to $250,000. If death results from a violation of this crime or if the violence includes kidnapping or an attempt to kidnap, sexual abuse when punishable as a Class B felony, or an attempt to kill, the crime shall be a Class A felony and punishable by imprisonment for a term of not less than five years or life and a fine of up to $250,000. SECTION 566.206

TRAFFICKING FOR THE PURPOSE OF SEXUAL EXPLOITATION

This act adds the elements of knowingly enticing by blackmail, causing or threatening to cause financial harm, benefitting financially or by receiving anything of value as well as using force, abduction, coercion and deception to another person for the use of employment in sexual conduct, a sexual performance or production of explicit sexual material to the crime of trafficking for the purposes of sexual exploitation. The crime will be punishable by imprisonment for a term of not less than five years and not more than 20 years and a fine of up to $250,000. If a violation of this crime or if the violation includes kidnapping or an attempt to kidnap, sexual abuse when punishable as a class B felony, or an attempt to kill, the punishment will be a imprisonment for a term of not less than five years or life and a fine of up to $250,000. SECTION 566.209

SEXUAL TRAFFICKING OF A CHILD

This act adds the elements of knowingly using force, abduction, coercion, fraud, deception, or blackmail or causing or threatening to cause financial harm to a person younger than 18 years of age to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material to the crime of trafficking of a child. It shall not be a defense that the defendant believed the person was 18 years of age or older. The crime will be punishable by imprisonment for a term of not less than 10 years or life and a fine of up to $250,000 if the child is younger than 18 years of age. If a violation of this crime was effected by force, abduction, or coercion, the crime will be a felony for which the authorized term of imprisonment is life without eligibility for probation or parole until the defendant serves at least 25 years of his or her sentence. SECTION 566.212

SEXUAL TRAFFICKING OF A CHILD YOUNGER THAN TWELVE YEARS OF AGE

This act adds the elements of knowingly using force, abduction, coercion, fraud, deception, or blackmail or causing or threatening to cause financial harm to a person younger than 12 years of age to participate in a commercial sex act, a sexual performance, or the production of explicit sexual material. It shall not be a defense that the defendant believed the person was 12 years of age or older. SECTION 566.213

RESTITUTION

A court sentencing a defendant under the human trafficking provisions shall order the defendant to pay restitution to the victim in the amount determined by the court necessary to compensate the victim for the value of the victim's labor and/or for the mental and physical rehabilitation of the victim and any child of the victim. SECTION 566.218.

AFFIRMATIVE DEFENSE FOR VICTIM

It shall be an affirmative defense for the offense of prostitution that the defendant engaged in the conduct charged because he or she was coerced to do so by the use of, or threatened use of, unlawful physical force upon himself or herself or a third person in which a person of reasonable firmness in his or her situation would have been unable to resist. SECTION 566.223.2

SERVICES AND PROGRAMS FOR VICTIMS OF TRAFFICKING

This act also authorizes the Department of Public Safety to establish procedures for identifying victims of trafficking. The department may establish training programs as well as standard protocols for appropriate agencies to educate officials and employees on state statutes and federal laws regulating human trafficking and with the identification and assistance of victims of human trafficking. Such agencies may include but not be limited to state employees and contractors, including the Children's Division of the Department of Social Services, juvenile courts, state law enforcement agencies, health care professionals, and runaway and homeless youth shelter administrators. SECTION 566.223.3

Law enforcement officers shall notify the Department of Social Services and, where applicable, juvenile justice authorities, of persons who reasonably appear to be a victim of trafficking in order that such agencies may determine whether the person may be eligible for state or federal services, programs, or assistance. The department may coordinate with relevant state, federal, and local agencies to evaluate appropriate services for victims of trafficking. SECTION 566.223.4

State agencies may implement programs and enter into contracts with nonprofit agencies and other nongovernment organizations to provide services to confirmed victims of trafficking, insofar as funds are available for that purpose. The list of possible services is prescribed under the act. SECTION 566.223.5

CIVIL ACTIONS

A victim of trafficking may bring a civil action against a person or persons who plead guilty to or are found guilty of a violation of human trafficking to recover the actual damages sustained by the victim, court costs, including reasonable attorney's fees, and punitive damages, when determined to be appropriate by the court. Any such action must be commenced within three years after the later of (1) the final order in the related criminal case;(2) the victim's emancipation from the defendant; or(3) the victim's eighteenth birthday. SECTION 566.223.6

The Attorney General may bring a civil action, in the circuit court in which the victim of trafficking was found, to recover from any person or entity that benefits, financially or by receiving anything of value, from violations of human trafficking, a civil penalty of not more than fifty thousand dollars for each violation of human trafficking, and injunctive and other equitable relief as the court may, in its discretion, order. The first priority of any money or property collected under such an action shall be to pay restitution to the victims of trafficking on whose behalf the civil action was brought. SECTION 566.223.7

This act is substantially similar to SB 331 (2011) and SB 394 (2011).

ADRIANE CROUSE