CRIMINAL LAWAND PROCEDURE
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Chapter 3.5. Human and Sexual Trafficking.
35-42-3.5-1. Promotion of human trafficking; promo-
tion of human trafficking of minor; sexual
trafficking of minor; human trafficking.
35-42-3.5-2. Restitution.
35-42-3.5-3. Civil actions.
35-42-3.5-4. Victim rights.
35-42-3.5-1. Promotion of human trafficking;
promotion of human trafficking
of minor; sexual trafficking of
minor; human trafficking.
(a) A person who, by force, threat of force, or
fraud, knowingly or intentionally recruits, har-
bors, or transports another person:
(1) to engage the other person in:
(A) forced labor; or
(B) involuntary servitude; or
(2) to force the other person into:
(A) marriage;
(B) prostitution; or
(C) participating in sexual conduct (as
defined by IC 35-42-4-4);
commits promotion of human trafficking, a Level
4 felony.
(b) A person who knowingly or intentionally
recruits, harbors, or transports a child less than:
(1) eighteen (18) years of age with the
intent of:
(A) engaging the child in:
(i) forced labor; or
(ii) involuntary servitude; or
(B) inducing or causing the child to:
(i) engage in prostitution; or
(ii) engage in a performance or
incident that includes sexual con-
duct in violation of IC 35-42-4-
4(b) (child exploitation); or
(2) sixteen (16) years of age with the intent
of inducing or causing the child to partic-
ipate in sexual conduct (as defined by IC
35-42-4-4);
commits promotion of human trafficking of a
minor, a Level 3 felony. Except as provided in
subsection (e), it is not a defense to a prosecution
under this subsection that the child consented to
engage in prostitution or to participate in sexual
conduct.
(c) A person who is at least eighteen (18)
years of age who knowingly or intentionally sells
or transfers custody of a child less than eighteen
(18) years of age for the purpose of prostitution
or participating in sexual conduct (as defined by
IC 35-42-4-4) commits sexual trafficking of a
minor, a Level 2 felony.
(d) A person who knowingly or intentionally
pays, offers to pay, or agrees to pay money or other
property to another person for an individual who
the person knows has been forced into:
(1) forced labor;
(2) involuntary servitude; or
(3) prostitution;
commits human trafficking, a Level 5 felony.
(e) It is a defense to a prosecution under sub-
section (b)(2) if:
(1) the child is at least fourteen (14) years
of age but less than sixteen (16) years of
age and the person is less than eighteen
(18) years of age; or
(2) all of the following apply:
(A) The person is not more than four
(4) years older than the victim.
(B) The relationship between the per-
son and the victim was a dating rela-
tionship or an ongoing personal
relationship. The term “ongoing per-
sonal relationship” does not include a
family relationship.
(C) The crime:
(i) was not committed by a person
who is at least twenty-one (21)
years of age;
(ii) was not committed by using or
threatening to use deadly force;
(iii) was not committed while
armed with a deadly weapon;
(iv) did not result in serious bod-
ily injury;
(v) was not facilitated by furnish-
ing the victim, without the vic-
tim’s knowledge, with a drug (as
defined in IC 16-42-19-2(1)) or a
controlled substance (as defined
in IC 35-48-1-9) or knowing that
the victim was furnished with the
drug or controlled substance with-
out the victim’s knowledge; and
(vi) was not committed by a person
