12.1-41-01. Definitions

12.1-41-01. Definitions

In this chapter:

1. "Adult" means an individual eighteen years of age or older.

2. "Coercion" means:

a. The use or threat of force against, abduction of, serious harm to, or physical

restraint of, an individual;

b. The use of a plan, pattern, or statement with intent to cause an individual to

believe that failure to perform an act will result in the use of force against,

abduction of, serious harm to, or physical restraint of, an individual;

c. The abuse or threatened abuse of law or legal process;

d. Controlling or threatening to control an individual's access to a controlled

substance as defined in section 19-03.1-01;

e. The destruction or taking of or the threatened destruction or taking of an

individual's identification document or other property;

f. The use of debt bondage;

g. The use of an individual's physical or mental impairment when the impairment

has a substantial adverse effect on the individual's cognitive or volitional function;

or

h. The commission of civil or criminal fraud.

3. "Commercial sexual activity" means sexual activity for which anything of value is given

to, promised to, or received, by a person.

4. "Debt bondage" means inducing an individual to provide commercial sexual activity in

payment toward or satisfaction of a real or purported debt or inducing an individual to

provide labor or services in payment toward or satisfaction of a real or purported debt

if the reasonable value of the labor or services is not applied toward the liquidation of

the debt or if the length of the labor or services is not limited and the nature of the

labor or services is not defined. The term does not include an effort by a creditor to

collect an enforceable obligation by means that are permitted under state or federal

laws.

5. "Human trafficking" means the commission of an offense created by sections

12.1-41-02 through 12.1-41-06.

6. "Identification document" means a passport, driver's license, immigration document,

travel document, or other government-issued identification document, including a

document issued by a foreign government.

7. "Labor or services" means activity having economic value.

8. "Minor" means an individual less than eighteen years of age.

9. "Serious harm" means harm, whether physical or nonphysical, including psychological,

economic, or reputational, to an individual which would compel a reasonable individual

of the same background and in the same circumstances to perform or continue to

perform labor or services or sexual activity to avoid incurring the harm.

10. "Sexual activity" means "sexual act" as defined in section 12.1-20-02. The term

includes a sexually explicit performance.

11. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian tribe or band recognized

by federal law or formally acknowledged by a state.

12. "Victim" means an individual who is subjected to human trafficking or to conduct that

would have constituted human trafficking had this chapter been in effect when the

conduct occurred, regardless of whether a perpetrator is identified, apprehended,

prosecuted, or convicted.