Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Increases penalties for human trafficking of children.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning penalties for human trafficking of children 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 in a scheme or course of conduct which violates paragraph (1) 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, whether or not the actor mistakenly believed that the child was 18 years of age or older, even if that mistaken belief was reasonable; or
(4) knowingly holds, recruits, lures, entices, harbors, transports, provides or obtains, by any means, a child under 18 years of age, to provide labor or services by any means set forth in subparagraph (a) through (g) of paragraph (1) of this subsection, 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. (1) Notwithstanding the provisions of N.J.S.2C:43-6[,]:
(a) 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; and
(b) the term of imprisonment imposed for a crime of the first degree under paragraph (3) or (4) of subsection a. of this section shall be a term of life imprisonment without eligibility for parole.
(2) 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.
2. This act shall take effect
immediately.
STATEMENT
This bill increases penalties for human trafficking of a child under 18 years of age.
Under current law, a person commits the crime of human trafficking of a child if he 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. Such an offense is a crime of the first degree. A crime of the first degree is ordinarily punishable by a term of imprisonment of10 to 20 years, a fine of up to $200,000, or both. However, current law provides that the term of imprisonment, imposed for human trafficking of a child to engage in sexual activity, is: either a term of 20 years during which the actor is not eligible for parole; or a specific term between 20 years and life imprisonment, of which the actor is required to serve 20 years before being eligible for parole.
The bill amends current law to encompass any other act of human trafficking of a child under 18 years of age, not just human trafficking a child to engage in sexual activity.
The bill provides that the term of imprisonment imposed for any act of human trafficking of a child under the age of 18 years of age is life imprisonment, without eligibility for parole.