IC 35-42-3.5
    Chapter 3.5. Human and Sexual Trafficking

IC 35-42-3.5-1
Promotion of human trafficking; sexual trafficking of a minor;human trafficking
    
Sec. 1. (a) A person who knowingly or intentionally recruits,harbors, or transports another person by force, threat of force, orfraud:
        (1) to engage the other person in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) to force the other person into:
            (A) marriage; or
            (B) prostitution;
commits promotion of human trafficking, a Class B felony.
    (b) A parent, guardian, or custodian of a child less than eighteen(18) years of age who knowingly or intentionally sells or transferscustody of the child for the purpose of prostitution commits sexualtrafficking of a minor, a Class A felony.
    (c) A person who knowingly or intentionally pays, offers to pay,or agrees to pay money or other property to another person for anindividual who the person knows has been forced into:
        (1) forced labor;
        (2) involuntary servitude; or
        (3) prostitution;
commits human trafficking, a Class C felony.
As added by P.L.173-2006, SEC.52.

IC 35-42-3.5-2
Restitution orders
    
Sec. 2. In addition to any sentence or fine imposed for aconviction of an offense under section 1 of this chapter, the courtshall order the person convicted to make restitution to the victim ofthe crime under IC 35-50-5-3.
As added by P.L.173-2006, SEC.52.

IC 35-42-3.5-3
Civil cause of action
    
Sec. 3. (a) If a person is convicted of an offense under section 1of this chapter, the victim of the offense:
        (1) has a civil cause of action against the person convicted ofthe offense; and
        (2) may recover the following from the person in the civilaction:
            (A) Actual damages.
            (B) Court costs (including fees).
            (C) Punitive damages, when determined to be appropriate bythe court.
            (D) Reasonable attorney's fees.    (b) An action under this section must be brought not more thantwo (2) years after the date the person is convicted of the offenseunder section 1 of this chapter.
As added by P.L.173-2006, SEC.52. Amended by P.L.106-2010,SEC.15.

IC 35-42-3.5-4
Rights of alleged victims
    
Sec. 4. (a) An alleged victim of an offense under section 1 of thischapter:
        (1) may not be detained in a facility that is inappropriate to thevictim's status as a crime victim;
        (2) may not be jailed, fined, or otherwise penalized due tohaving been the victim of the offense; and
        (3) shall be provided protection if the victim's safety is at riskor if there is danger of additional harm by recapture of thevictim by the person who allegedly committed the offense,including:
            (A) taking measures to protect the alleged victim and thevictim's family members from intimidation and threats ofreprisals and reprisals from the person who allegedlycommitted the offense or the person's agent; and
            (B) ensuring that the names and identifying information ofthe alleged victim and the victim's family members are notdisclosed to the public.
This subsection shall be administered by law enforcement agenciesand the Indiana criminal justice institute as appropriate.
    (b) Not more than fifteen (15) days after the date a lawenforcement agency first encounters an alleged victim of an offenseunder section 1 of this chapter, the law enforcement agency shallprovide the alleged victim with a completed Declaration of LawEnforcement Officer for Victim of Trafficking in Persons (LEADeclaration, Form I-914 Supplement B) in accordance with 8 CFR214.11(f)(1). However, if the law enforcement agency finds that thegrant of an LEA Declaration is not appropriate for the alleged victim,the law enforcement agency shall, not more than fifteen (15) daysafter the date the agency makes the finding, provide the allegedvictim with a letter explaining the grounds for the denial of the LEADeclaration. After receiving a denial letter, the alleged victim maysubmit additional evidence to the law enforcement agency. If thealleged victim submits additional evidence, the law enforcementagency shall reconsider the denial of the LEA Declaration not morethan seven (7) days after the date the agency receives the additionalevidence.
As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009,SEC.27.