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Oklahoma Legislature· HB 3349Referred to Rules

An act relating to crimes and punishments, the official text

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1                        STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3349                 By: Williams

4

5

6                        AS INTRODUCED

7   An Act relating to crimes and punishments; amending

    21 O.S. 2021, Section 748, as last amended by Section

8   20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,

    Section 748), which relates to human trafficking;

9   updating language; and providing an effective date.

10

11

12

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

14  SECTION 1.        AMENDATORY  21 O.S. 2021, Section 748, as last

15 amended by Section 20, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,

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

17  Section 748. A. As used in Sections 748 and 748.2 through

18 748.3 of this title:

19  1. "Coercion" means compelling, forcing or intimidating a

20 person to act by:

21  a. threats of harm or physical restraint against any

22              person,

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

24              person to believe that performing, or failing to

    Req. No. 15349                                                Page 1
1   perform, an act would result in serious physical,

2   financial, or emotional harm or distress to or

3   physical restraint against any person,

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

5   process,

6   d. knowingly destroying, concealing, removing,

7   confiscating or possessing any actual or purported

8   passport, labor or immigration document, or other

9   government identification document, including but not

10  limited to a driver license or birth certificate, of

11  another person,

12  e. facilitating or controlling a person's access of a

13  person to any addictive or controlled substance other

14  than for legal medical purposes,

15  f. blackmail,

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

17  of value from or on behalf of a prostituted person

18  where such demand or claim arises from or is directly

19  related to the act of prostitution,

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

21  another person will be available to engage in an act

22  of prostitution with a third party,

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

24  another person will be available for solicitation of,

    Req. No. 15349                                        Page 2
1   or to engage in, an act of prostitution with a third

2   party, or

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

4   another person will reside for purposes of making such

5   person available to engage in an act of prostitution

6   with a third party;

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

8 activity such as sexually explicit performances, prostitution,

9 participation in the production of pornography, performance in a

10 strip club, or exotic dancing or display;

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

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

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

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

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

16 of those services are not respectively limited and defined;

17  4. "Human trafficking" means modern-day slavery that includes,

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

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

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

21  5. "Human trafficking for labor" means:

22  a. recruiting, enticing, harboring, maintaining,

23  transporting, providing or obtaining, by any means,

24  another person through deception, force, fraud, threat

    Req. No. 15349                                                Page 3
1                 or coercion or for purposes of engaging the person in

2                 labor, or

3   b. benefiting, financially or by receiving anything of

4                 value, from participation in a venture that has

5                 engaged in an act of trafficking for labor;

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

7   a. recruiting, enticing, harboring, maintaining,

8                 transporting, providing or obtaining, by any means,

9                 another person through deception, force, fraud, threat

10                or coercion for purposes of engaging the person in a

11                commercial sex act,

12  b. recruiting, enticing, harboring, maintaining,

13                transporting, providing, purchasing or obtaining, by

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

15                in a commercial sex act, or

16  c. benefiting, financially or by receiving anything of

17                value, from participating in a venture that has

18                engaged in an act of trafficking for commercial sex;

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

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

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

22 any foreign government or subdivision thereof and includes legal

23 civil actions, criminal actions, and regulatory petitions or

24 applications;

    Req. No. 15349                                                 Page 4
1  8. "Minor" means an individual under eighteen (18) years of

2 age; and

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

4 provision of this section has been committed.

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

6 trafficking.

7  C. Any person violating the provisions of this section shall,

8 upon conviction, be guilty of a Class A2 felony offense punishable

9 by imprisonment in the custody of the Department of Corrections for

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

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

12 such fine and imprisonment. Any person violating the provisions of

13 this section where the victim of the offense is under eighteen (18)

14 years of age at the time of the offense shall, upon conviction, be

15 guilty of a Class A2 felony offense punishable by imprisonment in

16 the custody of the Department of Corrections for a term of not less

17 than fifteen (15) years or for life, or by a fine of not more than

18 Two Hundred Fifty Thousand Dollars ($250,000.00), or by both such

19 fine and imprisonment. The court shall also order the defendant to

20 pay restitution to the victim as provided in Section 991f of Title

21 22 of the Oklahoma Statutes. If the person is convicted of human

22 trafficking, the person shall serve eighty-five percent (85%) of the

23 sentence before being eligible for parole consideration or any

24 earned credits. The terms of imprisonment specified in this

   Req. No. 15349                                                  Page 5
1 subsection shall not be subject to statutory provisions for

2 suspension, deferral, or probation, or state correctional

3 institution earned credits accruing from and after November 1, 1989,

4 except for the achievement earned credits authorized by subsection H

5 of Section 138 of Title 57 of the Oklahoma Statutes. To qualify for

6 such achievement earned credits, such inmates must also be in

7 compliance with the standards for Class level 2 behavior, as defined

8 in subsection D of Section 138 of Title 57 of the Oklahoma Statutes.

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

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

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

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

13  E. The consent of a victim to the activity prohibited by this

14 section shall not constitute a defense.

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

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

17 respect to human trafficking of a minor.

18  SECTION 2. This act shall become effective November 1, 2026.

19

20  60-2-15349      GRS  01/03/26

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22

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    Req. No. 15349                                                  Page 6
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