Labor Trafficking Provision
17-A § 301 Kidnapping
A person is guilty of this crime if they knowingly restrain* another person.
This is a Class A crime punishable by up to 30 years incarceration and a fine of up to $50,000.
*“Restraint” is defined here in part as substantially restricting another’s movement by:
17-A § 302 Criminal Restraint
A person is guilty of this crime if they intentionally or knowingly take, retain or entice another person.
This is a Class of crime depends on age/competency of victim.
17-A § 304 Criminal Forced Labor
A person is guilty of criminal forced labor if they, without the legal right to do so, intentionally or knowingly compel a person to provide labor or services having economic value by:
This is a Class C crime.
It is an affirmative defense to prosecution that the person engaged in this crime because the person was compelled to do so. This means that if the person was a victim of trafficking and was made to engage in the criminal behaviors listed above against a peer and can demonstrate that fact in court, this could be a defense against prosecution.
17-A § 305 Aggravated Criminal Forced Labor
A person is guilty of this crime if they violate the above referenced crime and the victim is under the age of 18.
This is a Class B crime.
It is an affirmative defense to prosecution that the person engaged in this crime because the person was compelled to do so. This means that if the person was a victim of trafficking and was made to engage in the criminal behaviors listed above against a peer and can demonstrate that fact in court, this could be a defense against prosecution.
A person is guilty of this crime if they knowingly restrain* another person.
This is a Class A crime punishable by up to 30 years incarceration and a fine of up to $50,000.
*“Restraint” is defined here in part as substantially restricting another’s movement by:
- Confining a person;
- Limiting their access to immigration or government documentation;
- Causing the person to believe that they will suffer serious harm if they do not perform certain labor or services, including prostitution.
17-A § 302 Criminal Restraint
A person is guilty of this crime if they intentionally or knowingly take, retain or entice another person.
This is a Class of crime depends on age/competency of victim.
17-A § 304 Criminal Forced Labor
A person is guilty of criminal forced labor if they, without the legal right to do so, intentionally or knowingly compel a person to provide labor or services having economic value by:
- Withholding or threatening to withhold a scheduled drug or alcohol from a dependent person;
- Withholding or threatening to withhold a prescribed or necessary substance or medication;
- Using a person's physical or mental impairment to compel them into labor;
- Making false statements, misstatements or omissions;
- Withholding, destroying or confiscating passports or certain legal documents;
- Compelling labor to pay for retire, repay or service an actual or reported debt if:
- The reasonable value of the labor or services is not applied toward the debt; or
- The length of labor or services is not limited and the nature is not defined; or
- Using force or instilling fear of physical injury, death, destruction of property, criminal charges or deportation proceedings, exposure of a secret that would subject the person to hatred, contempt or ridicule, providing information regarding a legal claim, using their position as a public servant to impact a person, or otherwise harm the person being compelled with respect to their health, safety or immigration status.
This is a Class C crime.
It is an affirmative defense to prosecution that the person engaged in this crime because the person was compelled to do so. This means that if the person was a victim of trafficking and was made to engage in the criminal behaviors listed above against a peer and can demonstrate that fact in court, this could be a defense against prosecution.
17-A § 305 Aggravated Criminal Forced Labor
A person is guilty of this crime if they violate the above referenced crime and the victim is under the age of 18.
This is a Class B crime.
It is an affirmative defense to prosecution that the person engaged in this crime because the person was compelled to do so. This means that if the person was a victim of trafficking and was made to engage in the criminal behaviors listed above against a peer and can demonstrate that fact in court, this could be a defense against prosecution.