HB432 Summary

• Establishes human trafficking as a Class A felony (first degree) when a person knowingly subjects another to labor or sexual servitude through coercion or deception, or recruits/maintains minors for sexual servitude regardless of the defendant's knowledge of the victim's age.

• Establishes human trafficking in the second degree as a Class B felony for knowingly benefiting from or recruiting persons for labor or sexual servitude; obstructing enforcement is a Class A misdemeanor for first degree and Class A misdemeanor for second degree.

• Defines "coercion" to include physical injury threats, restraint, document confiscation, exposure of damaging information, immigration reporting threats, substance control, and rape; defines "deception" to include false impressions, financial control schemes, and broken promises.

• Mandates restitution to victims including medical/psychological treatment costs, transportation, housing, investigation costs, minimum wage value of labor, property damage, and relocation expenses; requires forfeiture of defendant's proceeds applied first to restitution then to Crime Victims Compensation Fund.

• Provides civil action rights for trafficking victims with actual, compensatory, and punitive damages plus attorney's fees; establishes statute of limitations of five years for adult victims and tolled periods for minors; makes human trafficking victim status an affirmative defense to prostitution charges.