18-8602. DEFINITIONS.

(1)(a) "Human trafficking" means:

(i) Sex trafficking in which commercial sexual activity is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen (18) years of age; or

(ii) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

(b) Human trafficking may include, but is not limited to, the use of the following types of force, fraud, or coercion:

(i) Threatening serious harm to, or physical restraint against, that person or a third person;

(ii) Destroying, concealing, removing, or confiscating any passport, immigration document, or other government-issued identification document;

(iii) Abusing or threatening abuse of the law or legal process against the person or a third person;

(iv) Using a condition of a person being a debtor due to a pledge of the debtor’s personal services or the personal services of a person under the control of the debtor as a security for debt where the reasonable value of the services is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined; or

(v) Using a condition of servitude by means of any scheme, plan, or pattern intended to cause a reasonable person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint or would be threatened with abuse of legal process.

(c) "Sex trafficking" includes all forms of commercial sexual activity, which may include the following conduct:

(i) Sexual conduct, as defined in section 18-5610(2)(a), Idaho Code;

(ii) Sexual contact, as defined in section 18-5610(2)(b), Idaho Code;

(iii) Sexually explicit performance;

(iv) Prostitution; or

(v) Participation in the production of pornography.

(2) "Commercial sexual activity" means sexual conduct or sexual contact in exchange for anything of value, as defined in section 18-5610(2)(c), Idaho Code, illicit or legal, given to, received by, or promised to any person.

History:

[(18-8602) 18-8502, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 5, p. 249; am. 2019, ch. 143, sec. 2, p. 491.]