Expands crime of human trafficking to include individuals who benefit financially.

A1215

ASSEMBLY, No. 1215

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Scharfenberger, Assemblywomen Flynn, Dunn,
Assemblymen Webber, Kanitra and McGuckin

SYNOPSIS

���� Expands crime of human trafficking to include
individuals who benefit financially.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning human trafficking and amending P.L.2005,
c.77.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 1 of P.L.2005, c.
77 (C.2C:13-8) is amended to read as follows:

���� 1.��� Human trafficking. a. A
person commits the crime of human trafficking if he:

���� (1)�� knowingly holds,
recruits, lures, entices, harbors, transports, provides or obtains, by any
means, another, to engage in sexual activity as defined in paragraph (2) of
subsection a. of N.J.S.2C:34-1 or to provide labor or services:

���� (a)�� by causing or
threatening to cause serious bodily harm or physical restraint against the
person or any other person;

���� (b)�� by means of any scheme,
plan, or pattern intended to cause the person to believe that the person or any
other person would suffer serious bodily harm or physical restraint;

���� (c)�� by committing a
violation of N.J.S.2C:13-5 against the person;

���� (d)�� by destroying,
concealing, removing, confiscating, or possessing any passport,
immigration-related document as defined in section 1 of P.L.1997, c.1
(C.2C:21-31), or other document issued by a governmental agency to any person
which could be used as a means of verifying the person's identity or age or any
other personal identifying information;

���� (e)�� by means of the abuse or
threatened abuse of the law or legal process;

���� (f)�� by means of fraud,
deceit, or misrepresentation against the person; or

���� (g)�� by facilitating access
to a controlled dangerous substance or controlled substance analog as set forth
in chapter 35 of Title 2C of the New Jersey Statutes; or

���� (2)�� receives anything of
value from participation as an organizer, supervisor, financier or manager
or
benefits financially
in a scheme or course of conduct which violates
paragraph (1)
or (3)
of this subsection; or

���� (3)�� knowingly holds,
recruits, lures, entices, harbors, transports, provides or obtains, by any
means, a child under 18 years of age, to engage in sexual activity as defined
in paragraph (2) of subsection a. of N.J.S.2C:34-1
or to provide labor or
services
, whether or not the actor mistakenly believed that the child was
18 years of age or older, even if that mistaken belief was reasonable.���������� b.�� An
offense under this section constitutes a crime of the first degree.

���� c.���� It is an affirmative
defense to prosecution for a violation of this section that, during the time of
the alleged commission of the offense of human trafficking created by this
section, the defendant was a victim of human trafficking.

���� d.��� Notwithstanding the
provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of
the first degree under paragraph (2) or (3) of subsection a. of this section
shall be either a term of 20 years during which the actor shall not be eligible
for parole, or a specific term between 20 years and life imprisonment, of which
the actor shall serve 20 years before being eligible for parole.�
Notwithstanding the provisions of N.J.S.2C:43-3, the sentence for a conviction
for a crime of the first degree under this section shall include a fine in an
amount of not less than $25,000, which shall be collected as provided for the
collection of fines and restitutions in section 3 of P.L.1979, c.396
(C.2C:46-4) and forwarded to the Department of the Treasury to be deposited in
the "Human Trafficking Survivor's Assistance Fund" established by
section 2 of P.L.2013, c.51 (C.52:17B-238).

���� e.���� In addition to any
other disposition authorized by law, any person who violates the provisions of
this section shall be ordered to make restitution to any victim. The court
shall award to the victim restitution which is the greater of:

���� (1)�� the gross income or
value to the defendant of the victim's labor or services; or

���� (2)�� the value of the
victim's labor or services as determined by the "New Jersey Prevailing
Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), the "New Jersey
State Wage and Hour Law," P.L.1966, c.113 (C.34:11-56a et seq.), the
Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws
concerning the regulation of child labor in chapter 2 of Title 34 of the
Revised Statutes, or any other applicable State law, and the "Fair Labor
Standards Act of 1938," 29 U.S.C. s.201 et seq., or any other applicable
federal law.

(cf: P.L.2013, c.51, s.3)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� The bill expands the reach of
the statute by including those individuals who receive a �financial benefit�
from participating in human trafficking without necessarily being an
�organizer, supervisor, financier or manager� of the enterprise or scheme.

���� Under the current law, a
person commits the crime of human trafficking if he:

���� (1)�� knowingly holds,
recruits, lures, entices, harbors, transports, provides or obtains, by any
means, another, to engage in unlawful sexual activity or to provide labor or
services:

���� ������ by threats of serious
bodily harm or physical restraint against the person or any other person;

���� ������ by means of any scheme,
plan or pattern intended to cause the person to believe that the person or any
other person would suffer serious bodily harm or physical restraint;

���� ������ by criminal coercion;
or

���� ������ by destroying,
concealing, removing, confiscating, or possessing any passport,
immigration-related document or other government document; or

���� ������ by means of the abuse
or threatened abuse of the law or legal process; or

���� (2)�� receives anything of
value from participation as an organizer, supervisor, financier or manager in a
scheme or course of conduct which violates paragraph (1) of this subsection.