State of Idaho Legal Definition of Human Trafficking
CRIMES AND PUNISHMENTS
18-8602. HUMAN TRAFFICKING DEFINED. "Human trafficking" means:
(1) Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained eighteen (18) years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
[(18-8602) 18-8502, added 2006, ch. 85, sec. 1, p. 249; am. and redesig. 2007, ch. 90, sec. 5, p. 249.]
Senate Bill S1003 - Passed During 2019 Legislative Session
SENATE BILL NO. 1003
BY JUDICIARY AND RULES COMMITTEE
HUMAN TRAFFICKING – Adds to existing law to provide for diversion for a minor victim of human trafficking, to provide certain conditions for diversion, and to provide an affirmative defense.
1 AN ACT
2 RELATING TO HUMAN TRAFFICKING; AMENDING CHAPTER 86, TITLE 18, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 18-8606, IDAHO CODE, TO PROVIDE FOR DIVER4 SION FOR A MINOR VICTIM OF HUMAN TRAFFICKING, TO PROVIDE CERTAIN CONDI5 TIONS FOR DIVERSION, AND TO PROVIDE AN AFFIRMATIVE DEFENSE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 86, Title 18, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des9 ignated as Section 18-8606, Idaho Code, and to read as follows:
10 18-8606. SAFE HARBOR PROVISIONS. (1) Diversion of minor victim.
11 (a) When a minor is alleged to have committed any offense not listed in
12 section 18-310(2), Idaho Code, a prosecutor may divert the offense if
13 the minor committed the offense as a direct and immediate result of be14 ing a victim of human trafficking.
15 (b) If a minor has an offense diverted pursuant to paragraph (a) of this
16 subsection, the minor shall be placed in a state-licensed residential
17 facility, as defined in section 39-1202, Idaho Code, that provides a
18 comprehensive rehabilitative program with access to:
19 (i) Comprehensive case management;
20 (ii) Integrated mental health and chemical dependency services,
21 including specialized trauma recovery services;
22 (iii) Education and employment training services; and
23 (iv) Off-site specialized services, as appropriate.
24 (c) A diversion agreement under this subsection may extend for up to
25 twelve (12) months.
26 (2) A person charged with any offense not identified in section
27 18-310(2), Idaho Code, committed as a direct and immediate result of being
28 a victim of human trafficking may assert an affirmative defense that the
29 person is a victim of human trafficking.
Bill was signed March 28, 2019 by Governor Brad Little and will become effective July 1, 2019.
Senate Bill S1005 - Passed During 2019 Legislative Session
SENATE BILL NO. 1005 BY JUDICIARY AND RULES COMMITTEE
HUMAN TRAFFICKING – Amends and repeals existing law to revise legislative intent, to revise the definition of “human trafficking,” to define terms, and to revise the penalty for human trafficking.
1 AN ACT
2 RELATING TO HUMAN TRAFFICKING; AMENDING SECTION 18-8601, IDAHO CODE, TO
3 REVISE LEGISLATIVE INTENT; AMENDING SECTION 18-8602, IDAHO CODE, TO
4 REVISE THE DEFINITION OF "HUMAN TRAFFICKING" AND TO DEFINE TERMS;
5 AMENDING SECTION 18-8603, IDAHO CODE, TO REVISE A PENALTY; REPEALING
6 SECTION 18-8605, IDAHO CODE, RELATING TO HUMAN TRAFFICKING VICTIM PRO7 TECTION; AMENDING SECTION 18-8303, IDAHO CODE, TO PROVIDE A CORRECT
8 CODE REFERENCE; AND AMENDING SECTION 18-8304, IDAHO CODE, TO PROVIDE A
9 CORRECT CODE REFERENCE.
Bill was signed March 21, 2019 by Governor Brad Little and will become effective July 1, 2019. Complete bill text will be added following effective date.