TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 86

HUMAN TRAFFICKING

18-8602.  definitions. As used in this chapter:

(1)  "Coercion" means compulsion or a threat, including but not limited to:

(a)  Abusing or threatening abuse of the law or legal process against a person or a third party;

(b)  Causing a person, without the person’s consent, to become intoxicated to a degree that impairs the person’s ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services;

(c)  Destroying, concealing, confiscating, or withholding, or threatening to destroy, conceal, confiscate, or withhold, a person’s or a third party’s actual or purported government record or identifying information or identifying document;

(d)  Threatening physical harm, financial harm, unwanted physical restraint, or any conduct that would be criminal under Idaho Code; or

(e)  Withholding alcohol or a controlled substance to a degree that impairs the ability of a person with a chemical dependency to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.

(2)  "Child" means a person under eighteen (18) years of age.

(3)  "Commercial sexual activity" means the exchange, or the attempted exchange, of sexual contact for a fee.

(4)  "Fee" means any money, service, item of real or personal property, contraband, or thing of value.

(5)  "Force" means the use of a weapon; the use of such physical strength or violence as is sufficient to overcome, restrain, or injure a person; or inflicting physical harm sufficient to compel submission by the victim.

(6)  "Forced labor or services" means labor or services, other than labor or services that constitute sexual contact, that are performed or provided by another person and obtained through an actor’s use of force, fraud, or coercion.

(7)  "Fraud" means the intentional use of any deceit, trick, misrepresentation, false statement, or some dishonest means to achieve a desired result.

(8)  "Intimate body parts" includes human genitals, pubic area, buttocks, or breasts.

(9)  "Sexual contact" means any touching of the intimate body parts of another person for the purpose of arousing or gratifying the sexual desire of either party, including but not limited to sexual intercourse, oral-genital contact, manual-genital contact, genital-anal contact, oral-anal contact, and other physical-genital contact.

(10) "Sexually explicit performance" means an act, show, production, recording, or any form of pornography made for the purpose of arousing or gratifying the sexual desire of any person.

(11) "Traffic" means to transport, entice, recruit, harbor, detain, hold, provide, or otherwise obtain another person by any means.

History:

[18-8602, added 2024, ch. 147, sec. 21, p. 565.]