Summary:

 House Bill 86 (HB 86) removes the statute of limitations for the crime of human trafficking, increases the age of a child to eighteen for the crime of sexual exploitation of children by prostitution, adds human trafficking to the definition of “racketeering”, amends the elements of the crime of human trafficking, provides for mandatory restitution and provides for forfeiture, prohibits certain defenses in a prosecution for human trafficking, adds victims of human trafficking and sexual exploitation of children to the Victims of Crime Act, and limits the amount of “good time” deductions for a human trafficking sentence.  

Legislation Overview:

 House Bill 86 (HB 86) makes the following changes related to human trafficking:
•	Provides that there is no statute of limitation for the crime of human trafficking.   Currently, the statute of limitations for human trafficking prosecutions varies depending on type of felony involved – from five years for a third degree felony, six years for a second degree felony, and no limit for first degree felony.    
•	Increases the age of the child in the crime of sexual exploitation of children by prostitution, from under 16 to under 18 years old.  The bill adds that it is not a defense that the defendant’s intended victim was a peace officer posing as a child under 18 years of age. 
•	Adds human trafficking to the list of acts that can be construed as “racketeering” under the Racketeering Act.  
•	Amends the definition of human trafficking to include harboring, maintaining, patronizing, or providing another person with the knowledge that force will be used to subject the person to labor, services, or commercial sexual activity, or with a person under the age of 18, that the person will be caused to engage in commercial sexual activity.  
•	Amends the crime of human trafficking to be a second degree felony, instead of a third degree felony. If the victim is under age 18, the crime is a first degree felony.  Currently, it is only a first degree felony if the victim is under age 13; and it is a second degree felony if the victim is under age 16.  The bill adds that each violation of human trafficking is a separate offense and does not merge with any other offense. 
•	Provides that a human trafficking victim cannot be charged with prostitution. 
•	Amends the definition of “coercion” in the human trafficking statute to include using physical restraint against a person. 
•	Adds a definition of “harm” in the human trafficking statute to include physical and nonphysical, including psychological, financial, or reputational harm.  Such harm must be sufficiently serious to compel a reasonable person to perform the compelled labor or activity to avoid receiving harm.  
•	Provides that it is not a defense in a human trafficking case facts related to the victims’ sexual history or sexual conduct, consent of a minor, mistake as to the victim’s age, and that the victim was a peace officer posing as a child.
•	Amends the definition of “criminal offense” in the Victims of Crime Act to include human trafficking and sexual exploitation of children.  
•	Provides that human trafficking is a “serious violent offense” for purposes of determining good time in prison.  However, a judge must still determine that the nature of the offense and the resulting harm are such that the court determines the crime to be a serious violent offense.  A prisoner convicted of a serious violent offense can earn up to 4 days per month of good time, as opposed to a person convicted of a nonviolent offense, who can earn up to 30 days per month for good time.    

Current Law:

 Currently, the statute of limitations for human trafficking prosecutions varies depending on type of felony involved – from five years for a third degree felony, six years for a second degree felony, and no limit for first degree felony.  The current age of a child in the crime of sexual exploitation of children by prostitution is under 16.  Currently, the crime of human trafficking is a first degree felony if the victim is under age 13, and it is a second degree felony if the victim is under age 16.