Montana Human Trafficking Laws

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45-5-701. Definitions. As used in this part, the following definitions apply:
(1) “Adult” means a person 18 years of age or older.
(2) “Coercion” means:
(a) the use or threat of force against, abduction of, serious harm to, or physical restraint of a person;
(b) the use of a plan, pattern, or statement with intent to cause a person to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of a person;
(c) the abuse or threatened abuse of law or legal process;
(d) controlling or threatening to control a person’s access to any substance defined as a dangerous drug pursuant to Title 50, chapter 32, parts 1 and 2;
(e) the actual or threatened destruction or taking of a person’s identification document or other property;
(f) the use of debt bondage;
(g) the use of a person’s physical or mental impairment when the impairment has a substantial adverse effect on the person’s cognitive or volitional function; or
(h) the commission of civil or criminal fraud.
(3) “Commercial sexual activity” means sexual activity for which anything of value is given to, promised to, or received by a person.
(4) “Debt bondage” means inducing a person to provide:
(a) commercial sexual activity in payment toward or satisfaction of a real or purported debt; or
(b) labor or services in payment toward or satisfaction of a real or purported debt if:
(i) the reasonable value of the labor or services is not applied toward the liquidation of the debt; or
(ii) the length of the labor or services is not limited and the nature of the labor or services is not defined.
(5) “Human trafficking” means the commission of an offense under 45-5-70245-5-70345-5-704, or 45-5-705.
(6) “Identification document” means a passport, driver’s license, immigration document, travel document, or other government-issued identification document, including a document issued by a foreign government.
(7) “Labor or services” means activity having economic value.
(8) “Serious harm” means physical or nonphysical harm, including psychological, economic, or reputational harm to a person that would compel a reasonable person of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm.
(9) “Sexual activity” means any sex act or simulated sex act intended to arouse or gratify the sexual desire of any person. The term includes a sexually explicit performance.
(10) “Sexually explicit performance” means a live, public, private, photographed, recorded, or videotaped act or simulated act intended to arouse or gratify the sexual desire of any person.

History: En. Sec. 1, Ch. 285, L. 2015.

45-5-702. Trafficking of persons. (1) A person commits the offense of trafficking of persons if the person purposely or knowingly:
(a) recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices another person intending or knowing that the person will be subjected to involuntary servitude or sexual servitude; or
(b) benefits, financially or by receiving anything of value, from participation in a venture that has subjected another person to involuntary servitude or sexual servitude.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of trafficking of persons shall be imprisoned in the state prison for a term of not more than 15 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of trafficking of persons shall be imprisoned in the state prison for a term of not more than 50 years and may be fined not more than $100,000 if:
(i) the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide; or
(ii) the victim was a child.

History: En. Sec. 2, Ch. 285, L. 2015.

45-5-703. Involuntary servitude. (1) A person commits the offense of involuntary servitude if the person purposely or knowingly uses coercion to compel another person to provide labor or services, unless the conduct is otherwise permissible under federal or state law.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of involuntary servitude shall be imprisoned in the state prison for a term of not more than 15 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of involuntary servitude shall be imprisoned in the state prison for a term of not more than 50 years and may be fined not more than $100,000 if:
(i) the violation involves aggravated kidnapping, sexual intercourse without consent, or deliberate homicide; or
(ii) the victim was a child.

History: En. Sec. 3, Ch. 285, L. 2015.

45-5-704. Sexual servitude. (1) A person commits the offense of sexual servitude if the person purposely or knowingly:
(a) uses coercion or deception to compel an adult to engage in commercial sexual activity; or
(b) recruits, transports, transfers, harbors, receives, provides, obtains by any means, isolates, entices, maintains, or makes available a child for the purpose of commercial sexual activity.
(2) It is not a defense in a prosecution under subsection (1)(b) that the child consented to engage in commercial sexual activity or that the defendant believed the child was an adult.
(3) (a) A person convicted of the offense of sexual servitude under subsection (1)(a) shall be imprisoned in the state prison for a term of not more than 15 years, fined an amount not to exceed $50,000, or both.
(b) A person convicted of the offense of sexual servitude under subsection (1)(b) shall be imprisoned in the state prison for a term of not more than 25 years and fined an amount not to exceed $75,000.

History: En. Sec. 4, Ch. 285, L. 2015.

45-5-705. Patronizing victim of sexual servitude. (1) A person commits the offense of patronizing a victim of sexual servitude if the person purposely or knowingly gives, agrees to give, or offers to give anything of value so that a person may engage in commercial sexual activity with:
(a) another person who the person knows is a victim of sexual servitude; or
(b) a child.
(2) (a) Except as provided in subsection (2)(b), a person convicted of the offense of patronizing a victim of sexual servitude shall be imprisoned in the state prison for a term of 15 years, fined an amount not to exceed $50,000, or both.
(b) If the individual patronized was a child, a person convicted of the offense of patronizing a victim of sexual servitude, whether or not the person believed the child was an adult, shall be imprisoned in the state prison for a term of not more than 25 years and fined an amount not to exceed $75,000.

History: En. Sec. 5, Ch. 285, L. 2015.

45-5-706. Aggravating circumstance. (1) An aggravating circumstance during the commission of an offense under 45-5-70245-5-70345-5-704, or 45-5-705 occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves runaway youth, foster children, homeless persons, or persons subjected to human trafficking, domestic violence, or sexual assault.
(2) If the trier of fact finds that an aggravating circumstance occurred during the commission of an offense under 45-5-70245-5-70345-5-704, or 45-5-705, the defendant may be imprisoned for up to 5 years in addition to the period of imprisonment prescribed for the offense. An additional sentence prescribed by this section must run consecutively to the sentence provided for the underlying offense.

History: En. Sec. 6, Ch. 285, L. 2015.

45-5-707. Property subject to forfeiture — human trafficking. (1) (a) A person commits the offense of use or possession of property subject to criminal forfeiture for human trafficking if the person knowingly possesses, owns, uses, or attempts to use property that is subject to criminal forfeiture under this section. A person convicted of the offense of use or possession of property subject to criminal forfeiture shall be imprisoned in the state prison for a term not to exceed 10 years.
(b) Property is subject to criminal forfeiture under this section if it is used or intended for use in violation of 45-5-70245-5-70345-5-704, or 45-5-705.
(c) The following property is subject to criminal forfeiture under this section:
(i) money, raw materials, products, equipment, and other property of any kind;
(ii) property used or intended for use as a container for property enumerated in subsection (1)(c)(i);
(iii) except as provided in subsection (2), a conveyance, including an aircraft, vehicle, or vessel;
(iv) books, records, research products and materials, formulas, microfilm, tapes, and data;
(v) anything of value furnished or intended to be furnished in exchange for the provision of labor or services or commercial sexual activity and all proceeds traceable to the exchange;
(vi) negotiable instruments, securities, and weapons; and
(vii) personal property constituting or derived from proceeds obtained directly or indirectly from the provision of labor or services or commercial sexual activity.
(2) A conveyance is not subject to criminal forfeiture under this section unless the owner or other person in charge of the conveyance knowingly used the conveyance or knowingly consented to its use for the purposes described in subsection (1)(b).
(3) Criminal forfeiture under this section of property that is encumbered by a bona fide security interest is subject to that interest if the secured party did not use or consent to the use of the property for the purposes described in subsection (1)(b).
(4) Property subject to criminal forfeiture under this section may be seized under the following circumstances:
(a) A peace officer who has probable cause to make an arrest for a violation as described in subsection (1)(b) may seize a conveyance obtained with the proceeds of the violation or used to facilitate the violation and shall immediately deliver the conveyance to the peace officer’s law enforcement agency to be held as evidence until a criminal forfeiture is declared or release ordered.
(b) Property subject to criminal forfeiture under this section may be seized by a peace officer under a search warrant issued by a court having jurisdiction over the property.
(c) Seizure without a warrant may be made if:
(i) the seizure is incident to an arrest or a search under a search warrant issued for another purpose;
(ii) the property was the subject of a prior judgment in favor of the state in a criminal proceeding or a criminal forfeiture proceeding under the provisions of Title 44, chapter 12, or this section;
(iii) a peace officer has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(iv) a peace officer has probable cause to believe that the property was used or is intended to be used under the circumstances described in subsection (1)(b).
(5) A forfeiture proceeding under subsection (1) must be commenced within 45 days of the seizure of the property involved.
(6) The procedure for forfeiture proceedings in Title 44, chapter 12, part 2, applies to property seized pursuant to this section.
(7) Upon conviction, the property subject to criminal forfeiture is forfeited to the state and proceeds from the sale of property seized under this section must be distributed to the holders of security interests who have presented proper proof of their claims up to the amount of their interests in the property. The remainder, if any, must be deposited in the crime victims compensation account provided for in 53-9-113.

History: En. Sec. 7, Ch. 285, L. 2015.

45-5-708. Past sexual behavior of victim. In a prosecution for an offense under 45-5-70245-5-70345-5-704, or 45-5-705 or a civil action under 27-1-755, evidence concerning a specific instance of the victim’s past sexual behavior or reputation or opinion evidence of the victim’s past sexual behavior is inadmissible unless the evidence is admitted in accordance with 45-5-511(2) or offered by the prosecution to prove a pattern of human trafficking by the defendant.

History: En. Sec. 8, Ch. 285, L. 2015.

 

45-5-709. Immunity of child. (1) A person is not criminally liable or subject to proceedings under Title 41, chapter 5, for prostitution, promoting prostitution, or other nonviolent offenses if the person was a child at the time of the offense and committed the offense as a direct result of being a victim of human trafficking.
(2) A person who has engaged in commercial sexual activity is not criminally liable or subject to proceedings under Title 41, chapter 5, for prostitution or promoting prostitution if the person was a child at the time of the offense.
(3) A child who under subsection (1) or (2) is not subject to criminal liability or proceedings under Title 41, chapter 5, is presumed to be a youth in need of care under Title 41, chapter 3.
(4) This section does not apply in a prosecution under 45-5-601 or a proceeding under Title 41, chapter 5, for patronizing a prostitute.

History: En. Sec. 9, Ch. 285, L. 2015.

45-5-710. Affirmative defense. A person charged with prostitution, promoting prostitution, or another nonviolent offense committed as a direct result of being a victim of human trafficking may assert an affirmative defense that the person is a victim of human trafficking.

History: En. Sec. 10, Ch. 285, L. 2015.

 

 

 

 

 

 

 

 

 

 

 


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More on Stalking

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Stalking is a course of conduct directed at a specific person that would cause a reasonable person substantial emotional distress or fear of  harm.

Stalking is pervasive, destructive, dangerous, and potentially lethal.

3.4 million people are stalked each year in the United States.

Stalking is a crime in all 50 states of the United States. Do you know your state’s stalking laws?

Visit stalkingawarenessmonth.org for more info.

For Montana, see Montana stalking law