CRIM CD-HUMAN TRAFFICKING

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3193

Introduced 2/2/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

720 ILCS 5/10-9

Amends the Criminal Code of 2012. Increases by one class the penalties
for trafficking in persons, involuntary servitude, and involuntary sexual
servitude of a minor. Provides that if the penalty is a Class X felony, the
person shall be sentenced to a term of imprisonment of not less than 9
years and not exceeding 45 years.
LRB104 18979 RLC 32424 b

A BILL FOR

SB3193
LRB104 18979 RLC 32424 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 10-9 as follows:

6

(720 ILCS 5/10-9)
7

Sec. 10-9.
Trafficking in persons, involuntary servitude,
8
and related offenses.
9

(a) Definitions. In this Section:
10

(1) "Intimidation" has the meaning prescribed in Section
11
12-6.
12

(2) "Commercial sexual activity" means any sex act on
13
account of which anything of value is given, promised to, or
14
received by any person.
15

(2.5) "Company" means any sole proprietorship,
16
organization, association, corporation, partnership, joint
17
venture, limited partnership, limited liability partnership,
18
limited liability limited partnership, limited liability
19
company, or other entity or business association, including
20
all wholly owned subsidiaries, majority-owned subsidiaries,
21
parent companies, or affiliates of those entities or business
22
associations, that exist for the purpose of making profit.
23

(3) "Financial harm" includes intimidation that brings

SB3193
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LRB104 18979 RLC 32424 b
1
about financial loss, criminal usury, or employment contracts
2
that violate the Frauds Act.
3

(4) (Blank).
4

(5) "Labor" means work of economic or financial value.
5

(6) "Maintain" means, in relation to labor or services, to
6
secure continued performance thereof, regardless of any
7
initial agreement on the part of the victim to perform that
8
type of service.
9

(7) "Obtain" means, in relation to labor or services, to
10
secure performance thereof.
11

(7.5) "Serious harm" means any harm, whether physical or
12
nonphysical, including psychological, financial, or
13
reputational harm, that is sufficiently serious, under all the
14
surrounding circumstances, to compel a reasonable person of
15
the same background and in the same circumstances to perform
16
or to continue performing labor or services in order to avoid
17
incurring that harm.
18

(8) "Services" means activities resulting from a
19
relationship between a person and the actor in which the
20
person performs activities under the supervision of or for the
21
benefit of the actor. Commercial sexual activity and
22
sexually-explicit performances are forms of activities that
23
are "services" under this Section. Nothing in this definition
24
may be construed to legitimize or legalize prostitution.
25

(9) "Sexually-explicit performance" means a live,
26
recorded, broadcast (including over the Internet), or public

SB3193
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LRB104 18979 RLC 32424 b
1
act or show intended to arouse or satisfy the sexual desires or
2
appeal to the prurient interests of patrons.
3

(10) "Trafficking victim" means a person subjected to the
4
practices set forth in subsection (b), (c), or (d).
5

(b) Involuntary servitude. A person commits involuntary
6
servitude when he or she knowingly subjects, attempts to
7
subject, or engages in a conspiracy to subject another person
8
to labor or services obtained or maintained through any of the
9
following means, or any combination of these means:
10

(1) causes or threatens to cause physical harm to any
11

person;
12

(2) physically restrains or threatens to physically
13

restrain another person;
14

(3) abuses or threatens to abuse the law or legal
15

process;
16

(4) attempts to or knowingly destroys, conceals,
17

removes, confiscates, or possesses any actual or purported
18

passport or other immigration document, or any other
19

actual or purported government identification document, of
20

another person;
21

(5) uses intimidation, abuses a position of trust,
22

authority, or supervision in relation to the victim,
23

through the use or deprivation of any alcoholic
24

intoxicant, a drug as defined or used in the Illinois
25

Controlled Substances Act or the Cannabis Control Act, or
26

methamphetamine as defined in the Methamphetamine Control

SB3193
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LRB104 18979 RLC 32424 b
1

and Community Protection Act, or exerts financial control
2

over any person; or
3

(6) uses any scheme, plan, or pattern intended to
4

cause the person to believe that, if the person did not
5

perform the labor or services, that person or another
6

person would suffer serious harm or physical restraint.
7

Sentence. Except as otherwise provided in subsection (e)
8
or (f), a violation of subsection (b)(1) is a Class X felony
9
for which the person shall be sentenced to a term of
10
imprisonment of not less than 9 years and not exceeding 45
11
years
, (b)(2) is a Class
X

1
felony, (b)(3) is a Class
1

2

12
felony, (b)(4) is a Class
2

3
felony, (b)(5) and (b)(6) is a
13
Class
3

4
felony.
14

(c) Involuntary sexual servitude of a minor. A person
15
commits involuntary sexual servitude of a minor when he or she
16
knowingly recruits, entices, harbors, transports, provides, or
17
obtains by any means, or attempts to recruit, entice, harbor,
18
provide, or obtain by any means, another person under 18 years
19
of age, knowing that the minor will engage in commercial
20
sexual activity, a sexually-explicit performance, or the
21
production of pornography, or causes or attempts to cause a
22
minor to engage in one or more of those activities and:
23

(1) there is no overt force or threat and the minor is
24

between the ages of 17 and 18 years;
25

(2) there is no overt force or threat and the minor is
26

under the age of 17 years; or

SB3193
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LRB104 18979 RLC 32424 b
1

(3) there is overt force or threat.
2

Sentence. Except as otherwise provided in subsection (e)
3
or (f), a violation of subsection (c)(1) is a Class
X

1
felony,
4
(c)(2) is a Class X felony
for which the person shall be
5
sentenced to a term of imprisonment of not less than 9 years
6
and not exceeding 45 years
, and (c)(3) is a Class X felony
for
7
which the person shall be sentenced to a term of imprisonment
8
of not less than 9 years and not exceeding 45 years
.
9

(d) Trafficking in persons. A person commits trafficking
10
in persons when he or she knowingly: (1) recruits, entices,
11
harbors, transports, provides, or obtains by any means, or
12
attempts to recruit, entice, harbor, transport, provide, or
13
obtain by any means, another person, intending or knowing that
14
the person will be subjected to involuntary servitude; or (2)
15
benefits, financially or by receiving anything of value, from
16
participation in a venture that has engaged in an act of
17
involuntary servitude or involuntary sexual servitude of a
18
minor. A company commits trafficking in persons when the
19
company knowingly benefits, financially or by receiving
20
anything of value, from participation in a venture that has
21
engaged in an act of involuntary servitude or involuntary
22
sexual servitude of a minor.
23

Sentence. Except as otherwise provided in subsection (e)
24
or (f), a violation of this subsection by a person is a Class
X

25
1
felony. A violation of this subsection by a company is a
26
business offense for which a fine of up to $100,000 may be

SB3193
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LRB104 18979 RLC 32424 b
1
imposed.
2

(e) Aggravating factors. A violation of this Section
3
involving kidnapping or an attempt to kidnap, aggravated
4
criminal sexual assault or an attempt to commit aggravated
5
criminal sexual assault, or an attempt to commit first degree
6
murder is a Class X felony
for which the person shall be
7
sentenced to a term of imprisonment of not less than 9 years
8
and not exceeding 45 years
.
9

(f) Sentencing considerations.
10

(1) Bodily injury. If, pursuant to a violation of this
11

Section, a victim suffered bodily injury, the defendant
12

may be sentenced to an extended-term sentence under
13

Section 5-8-2 of the Unified Code of Corrections. The
14

sentencing court must take into account the time in which
15

the victim was held in servitude, with increased penalties
16

for cases in which the victim was held for between 180 days
17

and one year, and increased penalties for cases in which
18

the victim was held for more than one year.
19

(2) Number of victims. In determining sentences within
20

statutory maximums, the sentencing court should take into
21

account the number of victims, and may provide for
22

substantially increased sentences in cases involving more
23

than 10 victims.
24

(3) Age of victim. In determining sentences, the
25

sentencing court shall take into account the age of the
26

victim or victims.

SB3193
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LRB104 18979 RLC 32424 b
1

(g) Restitution. Restitution is mandatory under this
2
Section. In addition to any other amount of loss identified,
3
the court shall order restitution including the greater of (1)
4
the gross income or value to the defendant of the victim's
5
labor or services or (2) the value of the victim's labor as
6
guaranteed under the Minimum Wage Law and overtime provisions
7
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
8
whichever is greater.
9

(g-5) Fine distribution. If the court imposes a fine under
10
subsection (b), (c), or (d) of this Section, it shall be
11
collected and distributed to the Specialized Services for
12
Survivors of Human Trafficking Fund in accordance with Section
13
5-9-1.21 of the Unified Code of Corrections.
14

(h) Trafficking victim services. Subject to the
15
availability of funds, the Department of Human Services may
16
provide or fund emergency services and assistance to
17
individuals who are victims of one or more offenses defined in
18
this Section.
19

(i) Certification. The Attorney General, a State's
20
Attorney, or any law enforcement official shall certify in
21
writing to the United States Department of Justice or other
22
federal agency, such as the United States Department of
23
Homeland Security, that an investigation or prosecution under
24
this Section has begun and the individual who is a likely
25
victim of a crime described in this Section is willing to
26
cooperate or is cooperating with the investigation to enable

SB3193
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LRB104 18979 RLC 32424 b
1
the individual, if eligible under federal law, to qualify for
2
an appropriate special immigrant visa and to access available
3
federal benefits. Cooperation with law enforcement shall not
4
be required of victims of a crime described in this Section who
5
are under 18 years of age. This certification shall be made
6
available to the victim and his or her designated legal
7
representative.
8

(j) A person who commits involuntary servitude,
9
involuntary sexual servitude of a minor, or trafficking in
10
persons under subsection (b), (c), or (d) of this Section is
11
subject to the property forfeiture provisions set forth in
12
Article 124B of the Code of Criminal Procedure of 1963.
13
(Source: P.A. 104-159, eff. 1-1-26
.)

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