710A.1 DEFINITIONS.
As used in this chapter:
1. "Commercial sexual activity" means any sex act or sexually
explicit performance for which anything of value is given, promised
to, or received by any person and includes, but is not limited to,
prostitution, participation in the production of pornography, and
performance in strip clubs.
2. "Debt bondage" means the status or condition of a debtor
arising from a pledge of the debtor's personal services or a person
under the control of a debtor's personal services as a security for
debt if the reasonable value of such services is not applied toward
the liquidation of the debt or the length and nature of those
services are not respectively limited and defined.
3. "Forced labor or services" means labor or services that
are performed or provided by another person and that are obtained or
maintained through any of the following:
a. Causing or threatening to cause serious physical injury 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.
4. "Human trafficking" means participating in a venture to
recruit, harbor, transport, supply provisions, or obtain a person for
any of the following purposes:
a. Forced labor or service that results in involuntary
servitude, peonage, debt bondage, or slavery.
b. Commercial sexual activity through the use of force,
fraud, or coercion, except that if the trafficked person is under the
age of eighteen, the commercial sexual activity need not involve
force, fraud, or coercion.
5. "Involuntary servitude" means a condition of servitude
induced by means of any scheme, plan, or pattern intended to cause a
person to believe that if the person did not enter into or continue
in such condition, that person or another person would suffer serious
harm or physical restraint or the threatened abuse of legal process.
6. "Labor" means work of economic or financial value.
7. "Maintain" means, in relation to labor and services, to
secure continued performance thereof, regardless of any initial
agreement on the part of the victim to perform such type of services.
8. "Obtain" means, in relation to labor or services, to
secure performance thereof.
9. "Peonage" means a status or condition of involuntary
servitude based upon real or alleged indebtedness.
10. "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, including commercial
sexual activity and sexually explicit performances.
11. "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.
12. "Venture" means any group of two or more persons
associated in fact, whether or not a legal entity.
13. "Victim" means a person subjected to human trafficking.
Section History: Recent Form
2006 Acts, ch 1074, §2; 2009 Acts, ch 19, §1
Referred to in § 915.51
710A.2 HUMAN TRAFFICKING.
1. A person who knowingly engages in human trafficking is guilty
of a class "D" felony, except that if the victim is under the age of
eighteen, the person is guilty of a class "C" felony.
2. A person who knowingly engages in human trafficking by causing
or threatening to cause serious physical injury to another person is
guilty of a class "C" felony, except that if the victim is under the
age of eighteen, the person is guilty of a class "B" felony.
3. A person who knowingly engages in human trafficking by
physically restraining or threatening to physically restrain another
person is guilty of a class "D" felony, except that if the victim is
under the age of eighteen, the person is guilty of a class "C"
felony.
4. A person who knowingly engages in human trafficking by
soliciting services or benefiting from the services of a victim is
guilty of a class "D" felony, except that if the victim is under the
age of eighteen, the person is guilty of a class "C" felony.
5. A person who knowingly engages in human trafficking by abusing
or threatening to abuse the law or legal process is guilty of a class
"D" felony, except that if the victim is under the age of eighteen,
the person is guilty of a class "C" felony.
6. A person who knowingly engages in human trafficking 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 a victim is guilty of a class "D" felony, except that if
that other person is under the age of eighteen, the person is guilty
of a class "C" felony.
7. A person who benefits financially or by receiving anything of
value from knowing participation in human trafficking is guilty of a
class "D" felony, except that if the victim is under the age of
eighteen, the person is guilty of a class "C" felony. Section History: Recent Form
2006 Acts, ch 1074, §3
Referred to in § 692A.102, 710A.3, 710A.5, 915.94
710A.3 AFFIRMATIVE DEFENSE.
It shall be an affirmative defense, in addition to any other
affirmative defenses for which the victim might be eligible, to a
prosecution for a criminal violation directly related to the
defendant's status as a victim of a crime that is a violation of
section 710A.2, that the defendant committed the violation under
compulsion by another's threat of serious injury, provided that the
defendant reasonably believed that such injury was imminent. Section History: Recent Form
2006 Acts, ch 1074, §4
710A.4 RESTITUTION.
The gross income of the defendant or the value of labor or
services performed by the victim to the defendant shall be considered
when determining the amount of restitution. Section History: Recent Form
2006 Acts, ch 1074, §5
710A.5 CERTIFICATION.
A law enforcement agency investigating a crime described in
section 710A.2 shall notify the attorney general in writing about the
investigation. Upon request of the attorney general, such law
enforcement agency shall provide copies of any investigative reports
describing the immigration status and cooperation of the victim. The
attorney general shall certify in writing to the United States
department of justice or other federal agency that an investigation
or prosecution under this chapter has begun and that the person who
is a likely victim of a crime described in section 710A.2 is willing
to cooperate or is cooperating with the investigation to enable the
person, if eligible under federal law, to qualify for an appropriate
special immigrant visa and to access available federal benefits.
Cooperation with law enforcement shall not be required of a minor
victim of a crime described in section 710A.2. This certification
shall be made available to the victim and the victim's designated
legal representative. Section History: Recent Form
2006 Acts, ch 1074, §6