22-49-1. Human trafficking prohibited
No person may recruit, harbor, transport, provide, receive, purchase, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking. If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion.
For purposes of this section and § 22-49-3, the term, coercion, may include:
(1) The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in the use of physical force or violence against the person or will result in the person’s restraint, isolation, confinement, or abduction;
(2) Inducing a person to provide commercial sexual activity as payment toward or in satisfaction of a real or purported debt; and
(3) The use of a person’s physical or mental impairment, if that impairment has a substantial adverse effect on the person’s cognitive or volitional function.
22-49-2. First degree human trafficking--Felony--Attempt against minor.
If a person is guilty of human trafficking under § 22-49-1, and the act:
(1) Involves committing or attempting to commit kidnapping;
(2) Involves a victim under the age of eighteen years;
(3) Involves prostitution or procurement for prostitution; or
(4) Results in the death of a victim;
the person has committed human trafficking in the first degree. A violation of the provisions of this section is a Class 2 felony. Consent to performing any act prescribed in § 22-49-1 by a minor or a minor’s parent, guardian, or custodian, or any mistake as to the minor’s age is not a defense to a charge of violating this section.
Notwithstanding the provisions of § 22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.
22-49-3. Second degree human trafficking--Felony.
A person is guilty of human trafficking in the second degree if that person:
(1) Recruits, harbors, transports, provides, receives, purchases, or obtains, by any means, another person knowing that force, fraud, or coercion, as defined in § 22-49-1, will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude; or
(2) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section.
Human trafficking in the second degree is a Class 4 felony.
22-49-4. Hiring person forced to engage in sexual activity--Felony.
It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in § 22-23-1.1, if the person knew or should have known the other person was being forced to engage in the activity through human trafficking.