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Human Trafficking

IC 35-42-3.5-1Promotion of human labor trafficking
     Sec. 1. A person who, by force, threat of force, coercion, or fraud, knowingly or intentionally recruits, harbors, provides, obtains, or transports an individual to engage the individual in labor or services commits promotion of human labor trafficking, a Level 4 felony.
As added by P.L.173-2006, SEC.52. Amended by P.L.1-2012, SEC.4; P.L.72-2012, SEC.3; P.L.55-2013, SEC.1; P.L.158-2013, SEC.436; P.L.168-2014, SEC.66; P.L.13-2016, SEC.14; P.L.86-2017, SEC.13; P.L.144-2018, SEC.20.
 
IC 35-42-3.5-1.1Promotion of human sexual trafficking
     Sec. 1.1. A person who knowingly or intentionally uses force, threat of force, coercion, or fraud to recruit, entice, harbor, or transport an individual with the intent of causing the individual to:
(1) marry another person;
(2) engage in prostitution; or
(3) participate in sexual conduct;
commits promotion of human sexual trafficking, a Level 4 felony.
As added by P.L.144-2018, SEC.21.
 
IC 35-42-3.5-1.2Promotion of child sexual trafficking; promotion of sexual trafficking of a younger child
     Sec. 1.2. (a) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than eighteen (18) years of age with the intent of causing the child to engage in:
(1) prostitution or juvenile prostitution; or
(2) a performance or incident that includes sexual conduct in violation of IC 35-42-4-4(b) or IC 35-42-4-4(c) (child exploitation);
commits promotion of child sexual trafficking, a Level 3 felony.
     (b) It is not a defense to a prosecution under this section that the:
(1) child consented to engage in prostitution or juvenile prostitution or to participate in sexual conduct; or
(2) intended victim of the offense is a law enforcement officer.
     (c) A person who knowingly or intentionally recruits, entices, harbors, or transports a child less than sixteen (16) years of age with the intent of inducing or causing the child to participate in sexual conduct commits promotion of sexual trafficking of a younger child, a Level 3 felony. It is a defense to a prosecution under this subsection if:
(1) the child is at least fourteen (14) years of age but less than sixteen (16) years of age and the person is less than eighteen (18) years of age; or
(2) all the following apply:
(A) The person is not more than four (4) years older than the victim.
(B) The relationship between the person and the victim was a dating relationship or an ongoing personal relationship. The term “ongoing personal relationship” does not include a family relationship.
(C) The crime:
(i) was not committed by a person who is at least twenty-one (21) years of age;
(ii) was not committed by using or threatening the use of deadly force;
(iii) was not committed while armed with a deadly weapon;
(iv) did not result in serious bodily injury;
(v) was not facilitated by furnishing the victim, without the victim’s knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim’s knowledge; and
(vi) was not committed by a person having a position of authority or substantial influence over the victim.
(D) The person has not committed another sex offense (as defined in IC 11-8-8-5.2), including a delinquent act that would be a sex offense if committed by an adult, against any other person.
(E) The person is not promoting prostitution (as defined in IC 35-45-4-4) with respect to the victim even though the person has not been charged with or convicted of the offense.
As added by P.L.144-2018, SEC.22.
 
IC 35-42-3.5-1.3Child sexual trafficking
     Sec. 1.3. A person who is at least eighteen (18) years of age who knowingly or intentionally sells or transfers custody of a child less than eighteen (18) years of age for the purpose of prostitution, juvenile prostitution, or participating in sexual conduct commits child sexual trafficking, a Level 2 felony.
As added by P.L.144-2018, SEC.23.
 
IC 35-42-3.5-1.4Human trafficking
     Sec. 1.4. (a) A person who knowingly or intentionally:
(1) pays, or offers or agrees to pay, money or other property; or
(2) offers a benefit;
to or for a human trafficking victim with the specific intent to induce or obtain the product or act for which the human trafficking victim was trafficked commits human trafficking, a Level 4 felony.
     (b) It is not a defense to a prosecution under this section that the human trafficking victim consented.
As added by P.L.144-2018, SEC.24. Amended by P.L.153-2022, SEC.2; P.L.3-2023, SEC.2.