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, or
fraud:
(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 transfers
custody of the child for the purpose of prostitution commits sexual
trafficking 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 an
individual 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 a
conviction of an offense under section 1 of this chapter, the court
shall order the person convicted to make restitution to the victim of
the 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 1
of this chapter, the victim of the offense:
(1) has a civil cause of action against the person convicted of
the offense; and
(2) may recover the following from the person in the civil
action:
(A) Actual damages.
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by
the court.
(D) Reasonable attorney's fees.
(b) An action under this section must be brought not more than
two (2) years after the date the person is convicted of the offense
under 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 this
chapter:
(1) may not be detained in a facility that is inappropriate to the
victim's status as a crime victim;
(2) may not be jailed, fined, or otherwise penalized due to
having been the victim of the offense; and
(3) shall be provided protection if the victim's safety is at risk
or if there is danger of additional harm by recapture of the
victim by the person who allegedly committed the offense,
including:
(A) taking measures to protect the alleged victim and the
victim's family members from intimidation and threats of
reprisals and reprisals from the person who allegedly
committed the offense or the person's agent; and
(B) ensuring that the names and identifying information of
the alleged victim and the victim's family members are not
disclosed to the public.
This subsection shall be administered by law enforcement agencies
and the Indiana criminal justice institute as appropriate.
(b) Not more than fifteen (15) days after the date a law
enforcement agency first encounters an alleged victim of an offense
under section 1 of this chapter, the law enforcement agency shall
provide the alleged victim with a completed Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons (LEA
Declaration, Form I-914 Supplement B) in accordance with 8 CFR
214.11(f)(1). However, if the law enforcement agency finds that the
grant of an LEA Declaration is not appropriate for the alleged victim,
the law enforcement agency shall, not more than fifteen (15) days
after the date the agency makes the finding, provide the alleged
victim with a letter explaining the grounds for the denial of the LEA
Declaration. After receiving a denial letter, the alleged victim may
submit additional evidence to the law enforcement agency. If the
alleged victim submits additional evidence, the law enforcement
agency shall reconsider the denial of the LEA Declaration not more
than seven (7) days after the date the agency receives the additional
evidence. As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009,
SEC.27.
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, or
fraud:
(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 transfers
custody of the child for the purpose of prostitution commits sexual
trafficking 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 an
individual 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 a
conviction of an offense under section 1 of this chapter, the court
shall order the person convicted to make restitution to the victim of
the 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 1
of this chapter, the victim of the offense:
(1) has a civil cause of action against the person convicted of
the offense; and
(2) may recover the following from the person in the civil
action:
(A) Actual damages.
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by
the court.
(D) Reasonable attorney's fees.
(b) An action under this section must be brought not more than
two (2) years after the date the person is convicted of the offense
under 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 this
chapter:
(1) may not be detained in a facility that is inappropriate to the
victim's status as a crime victim;
(2) may not be jailed, fined, or otherwise penalized due to
having been the victim of the offense; and
(3) shall be provided protection if the victim's safety is at risk
or if there is danger of additional harm by recapture of the
victim by the person who allegedly committed the offense,
including:
(A) taking measures to protect the alleged victim and the
victim's family members from intimidation and threats of
reprisals and reprisals from the person who allegedly
committed the offense or the person's agent; and
(B) ensuring that the names and identifying information of
the alleged victim and the victim's family members are not
disclosed to the public.
This subsection shall be administered by law enforcement agencies
and the Indiana criminal justice institute as appropriate.
(b) Not more than fifteen (15) days after the date a law
enforcement agency first encounters an alleged victim of an offense
under section 1 of this chapter, the law enforcement agency shall
provide the alleged victim with a completed Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons (LEA
Declaration, Form I-914 Supplement B) in accordance with 8 CFR
214.11(f)(1). However, if the law enforcement agency finds that the
grant of an LEA Declaration is not appropriate for the alleged victim,
the law enforcement agency shall, not more than fifteen (15) days
after the date the agency makes the finding, provide the alleged
victim with a letter explaining the grounds for the denial of the LEA
Declaration. After receiving a denial letter, the alleged victim may
submit additional evidence to the law enforcement agency. If the
alleged victim submits additional evidence, the law enforcement
agency shall reconsider the denial of the LEA Declaration not more
than seven (7) days after the date the agency receives the additional
evidence. As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009,
SEC.27.
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, or
fraud:
(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 transfers
custody of the child for the purpose of prostitution commits sexual
trafficking 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 an
individual 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 a
conviction of an offense under section 1 of this chapter, the court
shall order the person convicted to make restitution to the victim of
the 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 1
of this chapter, the victim of the offense:
(1) has a civil cause of action against the person convicted of
the offense; and
(2) may recover the following from the person in the civil
action:
(A) Actual damages.
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by
the court.
(D) Reasonable attorney's fees.
(b) An action under this section must be brought not more than
two (2) years after the date the person is convicted of the offense
under 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 this
chapter:
(1) may not be detained in a facility that is inappropriate to the
victim's status as a crime victim;
(2) may not be jailed, fined, or otherwise penalized due to
having been the victim of the offense; and
(3) shall be provided protection if the victim's safety is at risk
or if there is danger of additional harm by recapture of the
victim by the person who allegedly committed the offense,
including:
(A) taking measures to protect the alleged victim and the
victim's family members from intimidation and threats of
reprisals and reprisals from the person who allegedly
committed the offense or the person's agent; and
(B) ensuring that the names and identifying information of
the alleged victim and the victim's family members are not
disclosed to the public.
This subsection shall be administered by law enforcement agencies
and the Indiana criminal justice institute as appropriate.
(b) Not more than fifteen (15) days after the date a law
enforcement agency first encounters an alleged victim of an offense
under section 1 of this chapter, the law enforcement agency shall
provide the alleged victim with a completed Declaration of Law
Enforcement Officer for Victim of Trafficking in Persons (LEA
Declaration, Form I-914 Supplement B) in accordance with 8 CFR
214.11(f)(1). However, if the law enforcement agency finds that the
grant of an LEA Declaration is not appropriate for the alleged victim,
the law enforcement agency shall, not more than fifteen (15) days
after the date the agency makes the finding, provide the alleged
victim with a letter explaining the grounds for the denial of the LEA
Declaration. After receiving a denial letter, the alleged victim may
submit additional evidence to the law enforcement agency. If the
alleged victim submits additional evidence, the law enforcement
agency shall reconsider the denial of the LEA Declaration not more
than seven (7) days after the date the agency receives the additional
evidence. As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009,
SEC.27.
