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Oklahoma Legislature· HB 1320Second Reading referred to Rules

An act relating to crimes and punishments, the official text

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1                            STATE OF OKLAHOMA

2          1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1320                        By: Humphrey

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5

6                            AS INTRODUCED

7          An Act relating to crimes and punishments; creating

           the Child Trafficking Protection Act of 2025;

8          amending 21 O.S. 2021, Section 748, as amended by

           Section 1, Chapter 20, O.S.L. 2022 (21 O.S. Supp.

9          2024, Section 748), which relates to human

           trafficking; increasing penalties for certain

10         unlawful act; providing for noncodification; and

           providing an effective date.

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12

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      NEW LAW     A new section of law not to be

16 codified in the Oklahoma Statutes reads as follows:

17  This act shall be known and may be cited as the "Child

18 Trafficking Protection Act of 2025".

19  SECTION 2.      AMENDATORY  21 O.S. 2021, Section 748, as

20 amended by Section 1, Chapter 20, O.S.L. 2022 (21 O.S. Supp. 2024,

21 Section 748), is amended to read as follows:

22  Section 748. A. As used in Sections 748 and 748.2 of this

23 title:

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    Req. No. 10838                                              Page 1
1   1. "Coercion" means compelling, forcing or intimidating a

2 person to act by:

3   a. threats of harm or physical restraint against any

4   person,

5   b. any act, scheme, plan, or pattern intended to cause a

6   person to believe that performing, or failing to

7   perform, an act would result in serious physical,

8   financial, or emotional harm or distress to or

9   physical restraint against any person,

10  c. the abuse or threatened abuse of the law or legal

11  process,

12  d. knowingly destroying, concealing, removing,

13  confiscating or possessing any actual or purported

14  passport, labor or immigration document, or other

15  government identification document, including but not

16  limited to a driver license or birth certificate, of

17  another person,

18  e. facilitating or controlling a person's access to any

19  addictive or controlled substance other than for legal

20  medical purposes,

21  f. blackmail,

22  g. demanding or claiming money, goods, or any other thing

23  of value from or on behalf of a prostituted person

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    Req. No. 10838                                             Page 2
1   where such demand or claim arises from or is directly

2   related to the act of prostitution,

3   h. determining, dictating or setting the times at which

4   another person will be available to engage in an act

5   of prostitution with a third party,

6   i. determining, dictating or setting the places at which

7   another person will be available for solicitation of,

8   or to engage in, an act of prostitution with a third

9   party, or

10  j. determining, dictating or setting the places at which

11  another person will reside for purposes of making such

12  person available to engage in an act of prostitution

13  with a third party;

14  2. "Commercial sex" means any form of commercial sexual

15 activity such as sexually explicit performances, prostitution,

16 participation in the production of pornography, performance in a

17 strip club, or exotic dancing or display;

18  3. "Debt bondage" means the status or condition of a debtor

19 arising from a pledge by the debtor of his or her personal services

20 or of those of a person under his or her control as a security for

21 debt if the value of those services as reasonably assessed is not

22 applied toward the liquidation of the debt or the length and nature

23 of those services are not respectively limited and defined;

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    Req. No. 10838                                                 Page 3
1   4. "Human trafficking" means modern-day slavery that includes,

2 but is not limited to, extreme exploitation and the denial of

3 freedom or liberty of an individual for purposes of deriving benefit

4 from that individual's commercial sex act or labor;

5   5. "Human trafficking for labor" means:

6   a. recruiting, enticing, harboring, maintaining,

7   transporting, providing or obtaining, by any means,

8   another person through deception, force, fraud, threat

9   or coercion or for purposes of engaging the person in

10  labor, or

11  b. benefiting, financially or by receiving anything of

12  value, from participation in a venture that has

13  engaged in an act of trafficking for labor;

14  6. "Human trafficking for commercial sex" means:

15  a. recruiting, enticing, harboring, maintaining,

16  transporting, providing or obtaining, by any means,

17  another person through deception, force, fraud, threat

18  or coercion for purposes of engaging the person in a

19  commercial sex act,

20  b. recruiting, enticing, harboring, maintaining,

21  transporting, providing, purchasing or obtaining, by

22  any means, a minor for purposes of engaging the minor

23  in a commercial sex act, or

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    Req. No. 10838                                               Page 4
1            c. benefiting, financially or by receiving anything of

2                value, from participating in a venture that has

3                engaged in an act of trafficking for commercial sex;

4   7. "Legal process" means the criminal law, the civil law, or

5 the regulatory system of the federal government, any state,

6 territory, district, commonwealth, or trust territory therein, and

7 any foreign government or subdivision thereof and includes legal

8 civil actions, criminal actions, and regulatory petitions or

9 applications;

10  8. "Minor" means an individual under eighteen (18) years of

11 age; and

12  9. "Victim" means a person against whom a violation of any

13 provision of this section has been committed.

14  B. It shall be unlawful to knowingly engage in human

15 trafficking.

16  C. 1. Any person violating the provisions of this section

17 shall, upon conviction, be guilty of a felony punishable by

18 imprisonment in the custody of the Department of Corrections for a

19 term of not less than five (5) years or for life, or by a fine of

20 not more than One Hundred Thousand Dollars ($100,000.00), or by both

21 such fine and imprisonment.

22  2. Any person violating the provisions of this section where

23 the victim of the offense is under eighteen (18) years of age at the

24 time of the offense shall, upon conviction, be guilty of a felony

    Req. No. 10838                                                Page 5
1 punishable by death, by imprisonment in the custody of the

2 Department of Corrections for a term of not less than fifteen (15)

3 years or for life without parole, or for life, or by a fine of not

4 more than Two Hundred Fifty Thousand Dollars ($250,000.00), or by

5 both such fine and imprisonment.

6   3. The court shall also order the defendant to pay restitution

7 to the victim as provided in Section 991f of Title 22 of the

8 Oklahoma Statutes.

9   4. If the person is convicted of human trafficking, the person

10 shall serve eighty-five percent (85%) of the sentence before being

11 eligible for parole consideration or any earned credits.

12  5. The terms of imprisonment specified in this subsection shall

13 not be subject to statutory provisions for suspension, deferral or

14 probation, or state correctional institution earned credits accruing

15 from and after November 1, 1989, except for the achievement earned

16 credits authorized by subsection H of Section 138 of Title 57 of the

17 Oklahoma Statutes. To qualify for such achievement earned credits,

18 such inmates must also be in compliance with the standards for Class

19 level 2 behavior, as defined in subsection D of Section 138 of Title

20 57 of the Oklahoma Statutes.

21  D. It is an affirmative defense to prosecution for a criminal,

22 youthful offender, or delinquent offense that, during the time of

23 the alleged commission of the offense, the defendant or alleged

24 youthful offender or delinquent was a victim of human trafficking.

    Req. No. 10838                                                  Page 6
1   E. The consent of a victim to the activity prohibited by this

2 section shall not constitute a defense.

3   F. Lack of knowledge of the age of the victim shall not

4 constitute a defense to the activity prohibited by this section with

5 respect to human trafficking of a minor.

6   SECTION 3. This act shall become effective November 1, 2025.

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8   60-1-10838      GRS  01/06/25

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    Req. No. 10838                                           Page 7
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