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Legislation Document
SPONSOR:
Rep. K. Williams & Rep. Griffith & Sen. Poore
Reps. Phillips, Romer
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 408
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 787, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.
(b)
Prohibited activities. —
(1)
Trafficking an individual. —
A person is guilty of trafficking an individual if the person knowingly recruits, transports,
transfers,
harbors, receives, provides, obtains,
purchases,
isolates, maintains, advertises, solicits,
makes available,
or entices an individual in furtherance of forced labor in violation of paragraph (b)(2) of this section or sexual servitude in violation of paragraph (b)(3) of this section. Trafficking an individual is a class C felony unless the individual is a minor, in which case it is a class B felony.
(3)
Sexual servitude. —
a. A person commits the offense of sexual servitude if the person knowingly
does any of the following
:
1.
Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or
Recruits, transports, transfers, harbors, receives, provides, obtains, purchases, isolates, maintains, advertises, solicits, makes available, or entices a minor for the purpose of commercial sexual activity.
2. Uses coercion or deception to compel an adult to engage in commercial sexual activity.
b. Sexual servitude is a class C felony unless the individual is a minor, in which case it is a class B felony.
c. It is not a defense in a prosecution under paragraph (b)(3)a.1. of this section that the minor
consented
purported to consent
to engage in commercial sexual activity or that the defendant believed the minor was an adult.
(4)
Patronizing a victim of sexual servitude. —
a.
A person is guilty of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that the person may engage in commercial sexual activity with another person and the person knows that the other person is a victim of sexual servitude.
b.
Patronizing a victim of sexual servitude is a class D felony unless the victim of sexual servitude is a minor, in which case it is a class C felony.
c.
It is not a defense in a prosecution when the victim of sexual servitude is a minor that the minor
consented
purported to consent
to engage in commercial sexual activity or that the defendant believed the minor was an adult.
SYNOPSIS
This Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims.
To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.