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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3349 By: Williams
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 748, as last amended by Section
20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 748), which relates to human trafficking;
updating language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 748, as last
amended by Section 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 748), is amended to read as follows:
Section 748. A. As used in Sections 748 and 748.2 through
748.3 of this title:
1. "Coercion" means compelling, forcing or intimidating a
person to act by:
a. threats of harm or physical restraint against any
person,
b. any act, scheme, plan, or pattern intended to cause a
person to believe that performing, or failing to
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perform, an act would result in serious physical,
financial, or emotional harm or distress to or
physical restraint against any person,
c. the abuse or threatened abuse of the law or legal
process,
d. knowingly destroying, concealing, removing,
confiscating or possessing any actual or purported
passport, labor or immigration document, or other
government identification document, including but not
limited to a driver license or birth certificate, of
another person,
e. facilitating or controlling a person's access of a
person to any addictive or controlled substance other
than for legal medical purposes,
f. blackmail,
g. demanding or claiming money, goods, or any other thing
of value from or on behalf of a prostituted person
where such demand or claim arises from or is directly
related to the act of prostitution,
h. determining, dictating or setting the times at which
another person will be available to engage in an act
of prostitution with a third party,
i. determining, dictating or setting the places at which
another person will be available for solicitation of,
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or to engage in, an act of prostitution with a third
party, or
j. determining, dictating or setting the places at which
another person will reside for purposes of making such
person available to engage in an act of prostitution
with a third party;
2. "Commercial sex" means any form of commercial sexual
activity such as sexually explicit performances, prostitution,
participation in the production of pornography, performance in a
strip club, or exotic dancing or display;
3. "Debt bondage" means the status or condition of a debtor
arising from a pledge by the debtor of his or her personal services
or of those of a person under his or her control as a security for
debt if the value of those services as reasonably assessed is not
applied toward the liquidation of the debt or the length and nature
of those services are not respectively limited and defined;
4. "Human trafficking" means modern-day slavery that includes,
but is not limited to, extreme exploitation and the denial of
freedom or liberty of an individual for purposes of deriving benefit
from that individual's commercial sex act or labor;
5. "Human trafficking for labor" means:
a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
another person through deception, force, fraud, threat
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or coercion or for purposes of engaging the person in
labor, or
b. benefiting, financially or by receiving anything of
value, from participation in a venture that has
engaged in an act of trafficking for labor;
6. "Human trafficking for commercial sex" means:
a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
another person through deception, force, fraud, threat
or coercion for purposes of engaging the person in a
commercial sex act,
b. recruiting, enticing, harboring, maintaining,
transporting, providing, purchasing or obtaining, by
any means, a minor for purposes of engaging the minor
in a commercial sex act, or
c. benefiting, financially or by receiving anything of
value, from participating in a venture that has
engaged in an act of trafficking for commercial sex;
7. "Legal process" means the criminal law, the civil law, or
the regulatory system of the federal government, any state,
territory, district, commonwealth, or trust territory therein, and
any foreign government or subdivision thereof and includes legal
civil actions, criminal actions, and regulatory petitions or
applications;
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8. "Minor" means an individual under eighteen (18) years of
age; and
9. "Victim" means a person against whom a violation of any
provision of this section has been committed.
B. It shall be unlawful to knowingly engage in human
trafficking.
C. Any person violating the provisions of this section shall,
upon conviction, be guilty of a Class A2 felony offense punishable
by imprisonment in the custody of the Department of Corrections for
a term of not less than five (5) years or for life, or by a fine of
not more than One Hundred Thousand Dollars ($100,000.00), or by both
such fine and imprisonment. Any person violating the provisions of
this section where the victim of the offense is under eighteen (18)
years of age at the time of the offense shall, upon conviction, be
guilty of a Class A2 felony offense punishable by imprisonment in
the custody of the Department of Corrections for a term of not less
than fifteen (15) years or for life, or by a fine of not more than
Two Hundred Fifty Thousand Dollars ($250,000.00), or by both such
fine and imprisonment. The court shall also order the defendant to
pay restitution to the victim as provided in Section 991f of Title
22 of the Oklahoma Statutes. If the person is convicted of human
trafficking, the person shall serve eighty-five percent (85%) of the
sentence before being eligible for parole consideration or any
earned credits. The terms of imprisonment specified in this
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subsection shall not be subject to statutory provisions for
suspension, deferral, or probation, or state correctional
institution earned credits accruing from and after November 1, 1989,
except for the achievement earned credits authorized by subsection H
of Section 138 of Title 57 of the Oklahoma Statutes. To qualify for
such achievement earned credits, such inmates must also be in
compliance with the standards for Class level 2 behavior, as defined
in subsection D of Section 138 of Title 57 of the Oklahoma Statutes.
D. It is an affirmative defense to prosecution for a criminal,
youthful offender, or delinquent offense that, during the time of
the alleged commission of the offense, the defendant or alleged
youthful offender or delinquent was a victim of human trafficking.
E. The consent of a victim to the activity prohibited by this
section shall not constitute a defense.
F. Lack of knowledge of the age of the victim shall not
constitute a defense to the activity prohibited by this section with
respect to human trafficking of a minor.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15349 GRS 01/03/26