Okla. Stat. tit. 21, § 21-748v2

exploitation.

A. As used in Sections 748 and 748.2 of this title:

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

person to act by:

a. threats of harm or physical restraint against any

person,

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

person to believe that performing, or failing to

perform, an act would result in serious physical,

financial, or emotional harm or distress to or

physical restraint against any person,

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

process,

d. knowingly destroying, concealing, removing,

confiscating or possessing any actual or purported

passport, labor or immigration document, or other

government identification document, including but not

limited to a driver license or birth certificate, of

another person,

e. facilitating or controlling a person's access to any

addictive or controlled substance other than for legal

medical purposes,

f. blackmail,

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

of value from or on behalf of a prostituted person

where such demand or claim arises from or is directly

related to the act of prostitution,

h. determining, dictating or setting the times at which

another person will be available to engage in an act

of prostitution with a third party,

i. determining, dictating or setting the places at which

another person will be available for solicitation of,

or to engage in, an act of prostitution with a third

party, or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 322

j. determining, dictating or setting the places at which

another person will reside for purposes of making such

person available to engage in an act of prostitution

with a third party;

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

activity such as sexually explicit performances, prostitution,

participation in the production of pornography, performance in a

strip club, or exotic dancing or display;

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

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

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

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

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

of those services are not respectively limited and defined;

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

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

freedom or liberty of an individual for purposes of deriving benefit

from that individual's commercial sex act or labor;

5. "Human trafficking for labor" means:

a. recruiting, enticing, harboring, maintaining,

transporting, providing or obtaining, by any means,

another person through deception, force, fraud, threat

or coercion or for purposes of engaging the person in

labor, or

b. benefiting, financially or by receiving anything of

value, from participation in a venture that has

engaged in an act of trafficking for labor;

6. "Human trafficking for commercial sex" means:

a. recruiting, enticing, harboring, maintaining,

transporting, providing or obtaining, by any means,

another person through deception, force, fraud, threat

or coercion for purposes of engaging the person in a

commercial sex act,

b. recruiting, enticing, harboring, maintaining,

transporting, providing, purchasing or obtaining, by

any means, a minor for purposes of engaging the minor

in a commercial sex act, or

c. benefiting, financially or by receiving anything of

value, from participating in a venture that has

engaged in an act of trafficking for commercial sex;

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

the regulatory system of the federal government, any state,

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

any foreign government or subdivision thereof and includes legal

civil actions, criminal actions, and regulatory petitions or

applications;
ure that has

engaged in an act of trafficking for commercial sex;

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

the regulatory system of the federal government, any state,

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

any foreign government or subdivision thereof and includes legal

civil actions, criminal actions, and regulatory petitions or

applications;

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8. "Minor" means an individual under eighteen (18) years of

age; and

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

provision of this section has been committed.

B. It shall be unlawful to knowingly engage in human

trafficking.

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

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

by imprisonment in the custody of the Department of Corrections for

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

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

such fine and imprisonment. Any person violating the provisions of

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

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

guilty of a Class A2 felony offense punishable by imprisonment in

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

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

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

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

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

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

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

sentence before being eligible for parole consideration or any

earned credits. The terms of imprisonment specified in this

subsection shall not be subject to statutory provisions for

suspension, deferral or probation, or state correctional institution

earned credits accruing from and after November 1, 1989, except for

the achievement earned credits authorized by subsection H of Section

138 of Title 57 of the Oklahoma Statutes. To qualify for such

achievement earned credits, such inmates must also be in compliance

with the standards for Class level 2 behavior, as defined in

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

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

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

the alleged commission of the offense, the defendant or alleged

youthful offender or delinquent was a victim of human trafficking.

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

section shall not constitute a defense.

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

constitute a defense to the activity prohibited by this section with

respect to human trafficking of a minor.