For the purposes of this chapter, the term:
(1) "Abuse or threatened abuse of law or legal process" means the use or threatened use of law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) "Business" means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, joint stock, trust, and any legal entity through which business is conducted.
(3) "Coercion" means any one of, or a combination of, the following:
(A) Force, threats of force, physical restraint, or threats of physical restraint;
(B) Serious harm or threats of serious harm;
(C) The abuse or threatened abuse of law or legal process;
(D) Fraud or deception;
(E) Any scheme, plan, or pattern intended to cause a person to believe that if that person did not perform labor or services, that person or another person would suffer serious harm or physical restraint;
(F) Facilitating or controlling a person's access to an addictive or controlled substance or restricting a person's access to prescription medication; or
(G) Knowingly participating in conduct with the intent to cause a person to believe that he or she is the property of a person or business and that would cause a reasonable person in that person's circumstances to believe that he or she is the property of a person or business.
(4) "Commercial sex act" means any sexual act or sexual contact on account of which or for which anything of value is given to, promised to, or received by any person. The term "commercial sex act" includes a violation of § 22- 2701, § 22-2704, §§ 22-2705 to 22-2712, §§ 22-2713 to 22-2720, and § 22-2722.
(5) "Debt bondage" means the status or condition of a person who provides labor, services, or commercial sex acts, for a real or alleged debt, where:
(A) The value of the labor, services, or commercial sex acts, as reasonably assessed, is not applied toward the liquidation of the debt;
(B) The length and nature of the labor, services, or commercial sex acts are not respectively limited and defined; or
(C) The amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.
(6) "Labor" means work that has economic or financial value.
(7) "Serious harm" means 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 to perform labor, services, or commercial sex acts to avoid incurring that harm.
(8) "Services" means legal or illegal duties or work done for another, whether or not compensated.
(9) "Sexual act" shall have the same meaning as provided in § 22-3001(8).
(10) "Sexual contact" shall have the same meaning as provided in § 22- 3001(9).
(11) "Venture" means any group of 2 or more individuals associated in fact, whether or not a legal entity.
(Oct. 23, 2010, D.C. Law 18-239, § 101, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 18-239 , the "Prohibition Against Human Trafficking Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-70, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on March 16, 2010, and June 1, 2010, respectively. Signed by the Mayor on June 21, 2010, it was assigned Act No. 18-444 and transmitted to both Houses of Congress for its review. D.C. Law 18-239 became effective on October 23, 2010.
(a) It is unlawful for an individual or a business knowingly to use coercion to cause a person to provide labor or services.
(b) It is unlawful for an individual or a business knowingly to place or keep any person in debt bondage.
(Oct. 23, 2010, D.C. Law 18-239, § 102, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
It is unlawful for an individual or a business to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person, knowing, or in reckless disregard of the fact that:
(1) Coercion will be used or is being used to cause the person to provide labor or services or to engage in a commercial sex act; or
(2) The person is being placed or will be placed or kept in debt bondage.
(Oct. 23, 2010, D.C. Law 18-239, § 103, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
(a) It is unlawful for an individual or a business knowingly to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person who will be caused as a result to engage in a commercial sex act knowing or in reckless disregard of the fact that the person has not attained the age of 18 years.
(b) In a prosecution under subsection (a) of this section in which the defendant had a reasonable opportunity to observe the person recruited, enticed, harbored, transported, provided, obtained, or maintained, the government need not prove that the defendant knew that the person had not attained the age of 18 years.
(Oct. 23, 2010, D.C. Law 18-239, § 104, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
It is unlawful for an individual or business knowingly to destroy, conceal, remove, confiscate, or possess any actual or purported government identification document, including a passport or other immigration document, or any other actual or purported document, of any person to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel in order to maintain the labor or services of that person.
(Oct. 23, 2010, D.C. Law 18-239, § 105, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
It is unlawful for an individual or business knowingly to benefit, financially or by receiving anything of value, from voluntarily participating in a venture which has engaged in any act in violation of § 22-1832, § 22-1833, § 22-1834, or § 22-1835, knowing or in reckless disregard of the fact that the venture has engaged in the violation.
(Oct. 23, 2010, D.C. Law 18-239, § 106, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
(a) (1) Except as provided in paragraph (2) of this subsection, whoever violates § 22-1832, § 22-1833, or § 22-1834 shall be fined not more than $$200,000, imprisoned for not more than 20 years, or both.
(2) Whoever violates sections § 22-1832, § 22-1833, or § 22-1834 when the victim is held or provides services for more than 180 days shall be fined not more than 1 1/2 times the maximum fine authorized for the designated act, imprisoned for not more than 1 1/2 times the maximum term authorized for the designated act, or both.
(b) Whoever violates § 22-1835 shall be fined not more than $$5,000, imprisoned for not more than 5 years, or both.
(c) Whoever violates § 22-1836 shall be fined or imprisoned up to the maximum fine or term of imprisonment for a violation of each referenced section.
(d) Whoever attempts to violate § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836 shall be fined not more than 1/2 the maximum fine otherwise authorized for the offense, imprisoned for not more than 1/2 the maximum term otherwise authorized for the offense, or both.
(e) No person shall be sentenced consecutively for violations of §§ 22-1833 and 22-1834 for an offense arising out of the same incident.
(Oct. 23, 2010, D.C. Law 18-239, § 107, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
(a) In imposing sentence on any individual or business convicted of a violation of this chapter, the court shall order, in addition to any sentence imposed, that the individual or business shall forfeit to the District of Columbia:
(1) Any interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of the violation; and
(2) Any property, real or personal, constituting or derived from any proceeds that the individual or business obtained, directly or indirectly, as a result of the violation.
(b) The following shall be subject to forfeiture to the District of Columbia and no property right shall exist in them:
(1) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
(Oct. 23, 2010, D.C. Law 18-239, § 108, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
In a criminal case in which a person is accused of trafficking in commercial sex, as prohibited by § 22-1833, sex trafficking of children, as prohibited by § 22-1834, or benefitting financially from human trafficking, as prohibited by § 22-1836, reputation or opinion evidence of the past sexual behavior of the alleged victim is not admissible. Evidence of an alleged victim's past sexual behavior other than reputation or opinion evidence also is not admissible, unless such evidence other than reputation or opinion evidence is admitted in accordance with § 22-3022(b), and is constitutionally required to be admitted.
(Oct. 23, 2010, D.C. Law 18-239, § 109, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
(a) An individual who is a victim of an offense prohibited by § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836 may bring a civil action in the Superior Court of the District of Columbia. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded on proof of actual damages where a defendant's acts were willful and malicious.
(b) Any statute of limitation imposed for the filing of a civil suit under this section shall not begin to run until the plaintiff knew, or reasonably should have known, of any act constituting a violation of § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836, or until a minor plaintiff has reached the age of majority, whichever is later.
(c) If a person entitled to sue is imprisoned, insane, or similarly incapacitated at the time the cause of action accrues, so that it is impossible or impracticable for him or her to bring an action, then the time of the incapacity is not part of the time limited for the commencement of the action.
(d) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action.
(Oct. 23, 2010, D.C. Law 18-239, § 110, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
(Oct. 23, 2010, D.C. Law 18-239, § 111, 57 DCR 5405.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-239, see notes under § 22-1831.
Miscellaneous Notes
Subsection (e) of this section, states that this section shall not apply until its fiscal effect is included in an approved budget and financial plan.
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of this section has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 17-146, are not in effect.
