Today's Law As Amended

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AB-1571 Crimes: human trafficking.(2011-2012)



SECTION 1.

 Section 236.1 of the Penal Code is amended to read:

236.1.
 (a) A person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). effect or maintain a felony violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced labor or services, is guilty of human trafficking. 
(b) A person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000).
(c) (b)  A (1)   person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain Except as provided in paragraph (2), (3), or (4),  a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A violation of this subdivision this section  is punishable by imprisonment in the state prison as follows: for three, four, or five years. 
(1) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000).
(2) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person.
(d) In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, his or her relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered.
(e) (2)  Consent by a victim of human trafficking who is a minor  A violation of this section where the victim of the trafficking was under 18 years of age  at the time of the commission of the offense is not a defense to a criminal prosecution under this section. offense, but where the crime did not involve a commercial sex act, is punishable by imprisonment in the state prison for four, six, or eight years. 
(3) A violation of this section where the victim of the trafficking was 18 years of age or older and where the human trafficking involved a commercial sex act shall be punishable by imprisonment in the state prison for 10, 12, or 14 years.
(f) (4)  Mistake of fact as to the age of a victim of human trafficking who is a minor  A violation of this section where the victim of the trafficking was under 18 years of age  at the time of the commission of the offense is not a defense to a criminal prosecution under this section. and the human trafficking involved a commercial sex act shall be punishable by imprisonment in the state prison for 25 years to life. 
(g) The Legislature finds that the definition of human trafficking in this section is equivalent to the federal definition of a severe form of trafficking found in Section 7102(9) of Title 22 of the United States Code.
(h) For purposes of this chapter, the following definitions apply:
(1) “Coercion” includes a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment.
(2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by a person.
(3) (c)  “Deprivation (1)  For purposes of this section, unlawful deprivation  or violation of the personal liberty of another” another  includes substantial and sustained restriction of another’s liberty accomplished through force, fear,  fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
(4) (2)  “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or  Duress includes  knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.
(5) (d)  “Forced  For purposes of this section, “forced  labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress,  or coercion, or equivalent conduct that would reasonably overbear the will of the person.
(6) (e)  “Great bodily injury” means a significant or substantial physical injury. The Legislature finds that the definition of human trafficking in this section is equivalent to the federal definition of a severe form of trafficking found in Section 7102(8) of Title 22 of the United States Code. 
(7) (f)  “Minor” (1)   means a person less than  In addition to the penalty specified in paragraph (4) of subdivision (b), a person who commits human trafficking involving a commercial sex act where the victim of the human trafficking was under  18 years of age. age at the time of the commission of the offense shall be punished by a fine of not more than one hundred thousand dollars ($100,000). 
(8) (2)  “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm. As used in this section, “commercial sex act” means any sexual conduct on account of which anything of value is given or received by any person. 
(i) (g)  The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section. Every fine imposed and collected pursuant to this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund services for victims of human trafficking. At least 50 percent of the fines collected and deposited pursuant to this section shall be granted to community-based organizations that serve victims of human trafficking. 
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.