4.405 — HUMAN TRAFFICKING
Violations of "Statute 4.405" results in a Class B Felony
(a) Definitions
Human trafficking refers to the unlawful recruitment, transportation, transfer, harboring, or receipt of individuals by means of force, fraud, coercion, or deception for the purpose of exploitation, including but not limited to:
Sex trafficking: Exploiting individuals through forced prostitution, pornography, or other forms of sexual exploitation.
Labor trafficking: Exploiting individuals through forced labor, domestic servitude, or involuntary servitude.
Organ trafficking: Exploiting individuals for the illegal trade of organs.
(b) Elements
To establish the offense of human trafficking, the prosecution must prove beyond a reasonable doubt that:
The defendant knowingly engaged in any part of the trafficking scheme, including recruitment, transportation, or harboring of the victim.
The victim was trafficked for the purposes of exploitation, whether sexual, labor-related, or other forms of exploitation.
The defendant used force, fraud, or coercion, or the victim was a minor, and the defendant was aware of their status.
(c) Defenses
A person shall not be found guilty of human trafficking if:
The victim was not coerced, defrauded, or forced into any form of exploitation.
The individual did not knowingly or intentionally participate in any trafficking activities.
The victim willingly engaged in any form of exploitation or work under the defendant’s direction, and the defendant was unaware of any illegal activities.
(d) Aggravating Factors
The court shall consider the following aggravating factors when determining sentencing:
The victim was a minor (under the age of 18).
The defendant was involved in organized trafficking networks or trafficking across state or national borders.
The trafficking involved severe physical or psychological harm to the victim.
The defendant has prior convictions for trafficking or other related crimes.
The trafficking involved multiple victims or large-scale exploitation.
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