BILL REQ. #:  S-0978.1 

Read first time 01/28/11.   Referred to Committee on Judiciary.

     AN ACT Relating to the crime of human trafficking; and amending RCW 9A.40.100 and 9A.40.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 9A.40.100 and 2003 c 267 s 1 are each amended to read as follows:
     (1)(a) A person is guilty of trafficking in the first degree when:
     (i) Such person:
     (A) Recruits, harbors, transports, transfers, provides, ((or)) obtains, or receives by any means another person knowing that force, fraud, deception, or coercion as defined in RCW 9A.36.070 will be used to cause the person to engage in forced labor ((or)), involuntary servitude, or sexual exploitation; or
     (B) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i)(A) of this subsection; and
     (ii) The acts or venture set forth in (a)(i) of this subsection:
     (A) Involve committing or attempting to commit kidnapping;
     (B) Involve a finding of sexual motivation under RCW 9.94A.835; ((or))
     (C) Involve the illegal harvesting or sale of human organs; or
     (D) Result in a death.
     (b) Trafficking in the first degree is a class A felony.
     (2)(a) A person is guilty of trafficking in the second degree when such person:
     (i) Recruits, harbors, transports, transfers, provides, ((or)) obtains, or receives by any means another person knowing that force, fraud, deception, or coercion as defined in RCW 9A.36.070 will be used to cause the person to engage in forced labor or involuntary servitude; or
     (ii) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i) of this subsection.
     (b) Trafficking in the second degree is a class A felony.

Sec. 2   RCW 9A.40.010 and 1975 1st ex.s. c 260 s 9A.40.010 are each amended to read as follows:
     The following definitions apply in this chapter:
     (1) "Restrain" means to restrict a person's movements without consent and without legal authority in a manner which interferes substantially with his or her liberty. Restraint is "without consent" if it is accomplished by (a) physical force, intimidation, or deception, or (b) any means including acquiescence of the victim, if he or she is a child less than sixteen years old or an incompetent person and if the parent, guardian, or other person or institution having lawful control or custody of him or her has not acquiesced.
     (2) "Abduct" means to restrain a person by either (a) secreting or holding him or her in a place where he or she is not likely to be found, or (b) using or threatening to use deadly force.
     (3) "Forced labor" means knowingly providing or obtaining labor or services of a person by: (a) Threats of serious harm to, or physical restraint against, that person or another person; or (b) means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.
     (4) "Involuntary servitude" means a condition of servitude in which the victim was forced to work by the use or threat of physical restraint or physical injury, or by the use of threat of coercion through law or legal process.
     (5) "Relative" means an ancestor, descendant, or sibling, including a relative of the same degree through marriage or adoption, or a spouse.