Section 1. Amend Chapter 5, Subpart E, Title 11 of the Delaware Code by adding thereto a new Section to read:

§787. Trafficking of persons and involuntary servitude.

(a) Definitions. In this Section:

(1) 'blackmail' is to be given its ordinary meaning and includes but is not limited to a threat to expose any secret tending to subject any person to hatred, contempt, or ridicule;

(2) 'commercial sexual activity' means any sex act on account of which anything of value is given, promised to, or received by any person;

(3) 'financial harm' includes credit extortion, criminal violation of usury laws, or employment contracts that violate the Statute of Frauds;

(4) 'forced labor or services' means labor, as defined in paragraph (5) of this subsection, or services, as defined in paragraph (8) of this subsection, that are performed or provided by another person and are obtained or maintained through an actor's:

A. causing or threatening to cause serious harm to any person;

B. physically restraining or threatening to physically restrain another person;

C. abusing or threatening to abuse the law or legal process;

D. knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;

E. blackmail; or

F. causing or threatening to cause financial harm, to or using financial control over, any person.

(5) 'labor' means work of economic or financial value;

(6) 'maintain' means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service;

(7) 'obtain' means, in relation to labor or services, to secure performance thereof;

(8) 'services' means an ongoing relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually explicit performances are forms of services under this Section. Nothing in this definition should be construed to legitimize or legalize prostitution;

(9) 'sexually explicit performance' means a live or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interest of patrons;

(10) 'trafficking victim' means a person (i) subjected to the practices set forth in subsections (b) (involuntary servitude) or (c) (sexual servitude of a minor) of this Section, or (ii) transported in violation of subsection (d) (trafficking of persons for forced labor or services) of this Section.

(b) Involuntary servitude. Whoever knowingly subjects, or attempts to subject, another person to forced labor or services shall be punished by imprisonment as follows, subject to subsection (e) of this Section:

(1) by causing or threatening to cause physical harm to any person, not more than 20 years;

(2) by physically restraining or threatening to physically restrain another person, not more than 15 years;

(3) by abusing or threatening to abuse the law or legal process, not more than 10 years;

(4) by knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person, not more than 5 years;

(5) by using blackmail, or using or threatening to cause financial harm to, or by using financial control over any person, not more than 3 years.

(c) Sexual servitude of a minor. Whoever knowingly (i) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, a minor under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually explicit performance, or the production of pornography, or (ii) causes or attempts to cause a minor to engage in commercial sexual activity, a sexually explicit performance, or the production of pornography shall be punished by imprisonment as follows, subject to the provisions of subsection (e) of this Section:

(1) in cases involving a minor between the ages of 14 and 18 years, not involving overt force or threat, for not more than 15 years;

(2) in cases in which the minor had not attained the age of 14 years, not involving overt force or threat, for not more than 20 years;

(3) in cases in which the violation involved overt force or threat, for not more than 25 years.

(d) Trafficking of persons for forced labor or services. Whoever knowingly (i) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services; or (ii) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of this Section, shall, subject to the provisions of subsection (e) of this Section, be imprisoned for not more than 15 years.

(e) Sentencing enhancements.

(1) Statutory maximum – rape, extreme violence, and death. If the violation of this Section involves kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be imprisoned for any term of years or life, or if death results, may be sentenced to any term of years, or life, or death.

(2) Sentencing considerations within statutory maximums.

A. Bodily injury. If, pursuant to a violation of this Section, a victim suffered bodily injury, the sentence may be enhanced as follows:

(i) bodily injury, an additional two (2) years of imprisonment;

(ii) serious bodily injury, an additional four (4) years of imprisonment;

(iii) permanent or life-threatening bodily injury, an additional 6 to 10 years of imprisonment; or

(iv) if death results, defendant shall be sentenced in accordance with the murder statutes for relevant level of criminal intent.

B. Time in servitude. In determining sentences within statutory maximums, the sentencing court should take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.

C. Number of victims. In determining sentences within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially increased sentences in cases involving more than 10 victims.

(f) Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution, including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) or of Title 19 of the Delaware Code, whichever is greater.

(g) Assessment of victim protection needs.

(1) The Attorney General, in consultation with the Department of Health and Social Services, shall, no later than one year from the effective date of this statute, issue a report outlining how existing victim/witness laws and regulations respond to the needs of trafficking victims, as defined in subsection (a)(1) of this Section, and suggesting areas of improvement and modification.

(2) The Department of Health and Social Services, in consultation with the Attorney General, shall, no later than one year from the effective date of this statute, issue a report outlining how existing social service programs respond or fail to respond to the needs of trafficking victims, as defined in subsection (a)(10) of this Section, the interplay of such existing programs with federally funded victim service programs, and areas needing improvement and modification. The report must include a section that states the ability of State programs and licensing bodies to recognize Federal non-immigrant status for the purposes of benefits, programs, and licenses.”.

SPONSOR:	Rep. Maier & Rep. Spence & Sen. Blevins & Sen. Sorenson;
	Reps. Ewing, Outten, Wagner, Keeley, Johnson; Sen. Connor