State Codes and Statutes

Statutes > Wisconsin > 940 > 940.302

940.302

940.302 Human trafficking.

940.302(1)

(1) In this section:

940.302(1)(a)

(a) "Commercial sex act" means sexual contact for which anything of value is given to, promised, or received, directly or indirectly, by any person.

940.302(1)(b)

(b) "Debt bondage" means the condition of a debtor arising from the debtor's pledge of services as a security for debt if the reasonable value of those services is not applied toward repaying the debt or if the length and nature of the services are not defined.

940.302(1)(c)

(c) "Services" means activities performed by one individual at the request, under the supervision, or for the benefit of another person.

940.302(1)(d)

(d) "Trafficking" means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual without consent of the individual.

940.302(2)

(2)

940.302(2)(a)

(a) Except as provided in s. 948.051, whoever knowingly engages in trafficking is guilty of a Class D felony if all of the following apply:

940.302(2)(a)1.

1. One of the following applies:

940.302(2)(a)1.a.

a. The trafficking is for the purposes of labor or services.

940.302(2)(a)1.b.

b. The trafficking is for the purposes of a commercial sex act.

940.302(2)(a)2.

2. The trafficking is done by any of the following:

940.302(2)(a)2.a.

a. Causing or threatening to cause bodily harm to any individual.

940.302(2)(a)2.b.

b. Causing or threatening to cause financial harm to any individual.

940.302(2)(a)2.c.

c. Restraining or threatening to restrain any individual.

940.302(2)(a)2.d.

d. Violating or threatening to violate a law.

940.302(2)(a)2.e.

e. Destroying, concealing, removing, confiscating, or possessing, or threatening to destroy, conceal, remove, confiscate, or possess, any actual or purported passport or any other actual or purported official identification document of any individual.

940.302(2)(a)2.f.

f. Extortion.

940.302(2)(a)2.g.

g. Fraud or deception.

940.302(2)(a)2.h.

h. Debt bondage.

940.302(2)(a)2.i.

i. Controlling any individual's access to an addictive controlled substance.

940.302(2)(a)2.j.

j. Using any scheme or pattern to cause an individual to believe that any individual would suffer bodily harm, financial harm, restraint, or other harm.

940.302(2)(b)

(b) Whoever benefits in any manner from a violation of par. (a) is guilty of a Class D felony if the person knows that the benefits come from an act described in par. (a).

940.302(3)

(3) Any person who incurs an injury or death as a result of a violation of sub. (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.

940.302 - ANNOT.

History: 2007 a. 116.