SB 1538 Summary

• Amends human trafficking statutes (21 O.S. Sections 748 and 748.2) to define terms including coercion, commercial sex, debt bondage, human trafficking for labor, and human trafficking for commercial sex.

• Establishes that knowingly engaging in human trafficking is a felony punishable by at least 5 years imprisonment and up to $10,000 fine; increases to at least 10 years and up to $20,000 fine if victim is under 18 years old, with mandatory restitution ordered.

• Provides that being a human trafficking victim is an affirmative defense to criminal prosecution and that a minor's consent to prohibited activity is not a defense.

• Allows trafficking victims to bring civil actions for actual and punitive damages plus attorney fees and costs in district court where defendant resides or committed the offense; statute of limitations begins upon victim's emancipation, 21st birthday, or when victim discovers trafficking.

• Requires law enforcement to provide trafficking victims with written notice of rights including shelter, medical care, legal assistance, and protection; mandates notification of Department of Human Services and transfer of suspected minor victims to DHS custody within 72 hours with criminal charges dismissed if trafficking or sexual abuse is established.