Part 8 Labor Trafficking

Question 1

Define labor

Answer 1

Work of financial or economic value (this does not include prostitution)

Question 2

Define services

Answer 2

Relationship between a person and the actor. The actor benefits from the activities of the person. (THIS DOES NOT INCLUDE PROSTITUTION)

Question 3

Define venture

Answer 3

A business relationship between two or more parties to undertake economic activity together

Question 4

Define victim

Answer 4

The person against whom an offense specified in section 707-781 (labor trafficking 1st) or 707-782 (labor trafficking 2nd) has been committed

Question 5

Define labor trafficking in the 1st degree

Answer 5

(I/K) (does or attempts) to provide/obtain a person for labor or services by any of these means:
• Using extortion
• Kidnapping
• Unlawful imprisonment
• Sex. Assault 1st,2nd,3rd
• Force/deadly force/unlawful force
• Fraud (through lies or omissions)
• Payment for real/purported debt through labor in place of currency (indentured servitude)
• Assault
• Withholding documents (ID/Passport/etc.)
• Cause Vic. to believe family would suffer (harm/financial loss/physical restraint)
• Use/Threat of domination/restraint/control

Question 6

What is the classification for labor trafficking in the 1st degree

Answer 6

Class A felony

707-781

Question 7

Define labor trafficking in the 2nd degree

Answer 7

K) as an individual or through a business aids someone knowing they are committing LT 1st
(OR)
Benefits from a venture knowing or in reckless disregard of the fact that someone in the venture is committing LT 1st

[Side Notes]
• The State can revoke the business license for business used
• Remaining owners (who were not involved) can petition to get the business reinstated

Question 8

What is the classification for labor trafficking in the second degree

Answer 8

Class B felony

707-782

Question 9

What bumps labor trafficking in the 2nd degree from a class B felony to a class A felony

Answer 9

Enhancers:
• Kidnapping
• Attempt to Kidnap
• Sex. Ass. 1/2/3
• Att. S.A. 1/2/3
• Att. to cause death
• Results in death

Question 10

When determining sentencing for Labor trafficking 1st and 2nd the courts take into consideration…

Answer 10

Number of victims

Time for which the victim was held in servitude

Question 11

What are the extended terms of imprisonment in regard to being guilty of labor trafficking and person sustains injuries

Answer 11

Bodily Injury = 2 years
Sub. B.I. = 5 years
Serious B.I. = 15 years
Results in Death = Sentence in accordance w/ Homicide

Question 12

Restitution for victims of labor trafficking:

Answer 12

Court shall order the greater of:
Total value of victim’s labor (or)
Minimum wage x hours worked
• Victim leaving the jurisdiction does not forfeit obligation

Question 13

Define nonpayment of wages

Answer 13

I/K) or w/ intent to defraud fails or refuses to pay wages
• One offense per pay period not paid
• If no pay period is defined it is based off a bi-weekly pay period
• If convicted def. shall also be fined
o > $2,000 and < $10,000 for each offense
• Court shall order restitution be paid to the Vic.
• Vic. can also sue for wages

Question 14

What is the classification of non payment of wages

Answer 14

Class C felony if the amount owed to the employee is equal to greater than $2000

Misdemeanor if amount owed is less then $2000

Question 15

Define unlawful conduct with respect to documents

Answer 15

K) Destroys, conceals, removes, confiscates, or possesses actual or purported government identification documents of another
(AND)
• Traffics Labor (or attempts to) (or)
• Prevents or restricts (or attempts to) the person’s ability to move or travel w/o lawful authority (and) the person is/has been a vic. of labor trafficking
(OR)
The victim is an employee of the def.