HOUSE BILL 232

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Andrea Romero and William "Bill" R. Rehm

 

 

 

 

 

AN ACT

RELATING TO HUMAN TRAFFICKING; INCREASING THE PENALTIES FOR HUMAN TRAFFICKING GENERALLY AND FOR TRAFFICKING INDIVIDUALS UNDER THE AGE OF EIGHTEEN.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-52-1 NMSA 1978 (being Laws 2008, Chapter 17, Section 1) is amended to read:

     "30-52-1. HUMAN TRAFFICKING.--

          A. Human trafficking consists of a person knowingly:

                (1) recruiting, soliciting, enticing, transporting or obtaining by any means another person with the intent or knowledge that force, fraud or coercion will be used to subject the person to labor, services or commercial sexual activity;

                (2) recruiting, soliciting, enticing, transporting or obtaining by any means a person under the age of eighteen years with the intent or knowledge that the person will be caused to engage in commercial sexual activity; or

                (3) benefiting, financially or by receiving anything of value, from the labor, services or commercial sexual activity of another person with the knowledge that force, fraud or coercion was used to obtain the labor, services or commercial sexual activity.

          B. The attorney general and the district attorney in the county of jurisdiction have concurrent jurisdiction to enforce the provisions of this section.

          C. Whoever commits human trafficking is guilty of a [third degree] second degree felony; except if the victim is under the age of

                [(1) sixteen, the person is guilty of a second degree felony; or

                (2) thirteen, the person is guilty of a first degree felony] eighteen, the person is guilty of a first degree felony.

          D. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of the law when the conduct also constitutes a violation of that other provision.

          E. In a prosecution pursuant to this section, a human trafficking victim shall not be charged with accessory to the crime of human trafficking.

          F. A person convicted of human trafficking shall, in addition to any other punishment, be ordered to make restitution to the victim for the gross income or value of the victim's labor or services and any other actual damages in accordance with Section 31-17-1 NMSA 1978.

          G. As used in this section:

                (1) "coercion" means:

                     (a) causing or threatening to cause harm to any person;

                     (b) using or threatening to use physical force against any person;

                     (c) abusing or threatening to abuse the law or legal process;

                     (d) threatening to report the immigration status of any person to governmental authorities; or

                     (e) knowingly destroying, concealing, removing, confiscating or retaining any actual or purported government document of any person; and

                (2) "commercial sexual activity" means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by any person."

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