2006-PA-0162.htm

Act No. 162

Public Acts of 2006

Approved by the Governor

May 25, 2006

Filed with the Secretary of State

May 26, 2006

EFFECTIVE DATE: August 24, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Rep. Pavlov

ENROLLED HOUSE BILL No. 5747

AN ACT to amend 1931 PA 328, entitled "An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding chapter LXVIIA.

The People of the State of Michigan enact:

CHAPTER LXVIIA

HUMAN TRAFFICKING

Sec. 462a. As used in this chapter:

(a) "Child sexually abusive activity" means that phrase as defined in section 145c.

(b) "Commercial sexual activity" means 1 or more of the following:

(i) An act of sexual penetration or sexual contact as those terms are defined in section 520a for which anything of value is given or received by any person.

(ii) Any conduct prohibited under section 145c(2) or (3).

(c) "Extortion" means conduct prohibited under section 213, including, but not limited to, a threat to expose any secret tending to subject a person to hatred, contempt, or ridicule.

(d) "Financial harm" means any of the following:

(i) Conduct prohibited under section 1 of 1968 PA 259, MCL 438.41.

(ii) Extortion.

(iii) Employment contracts that violate 1978 PA 390, MCL 408.471 to 408.490.

(iv) Any other adverse financial consequence.

(e) "Forced labor or services" means labor or services that are obtained or maintained through 1 or more of the following:

(i) Causing or threatening to cause serious physical harm to another person.

(ii) Physically restraining or threatening to physically restrain another person.

(iii) Abusing or threatening to abuse the law or legal process.

(iv) 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.

(v) Blackmail.

(vi) Causing or threatening to cause financial harm to any person.

(f) "Labor" means work of economic or financial value.

(g) "Maintain" means, in relation to labor or services, to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform the labor or services.

(h) "Minor" means a person under 18 years of age.

(i) "Obtain" means to secure performance of labor or services.

(j) "Services" means an ongoing relationship between a person and another person in which the other person performs activities under the supervision of or for the benefit of the person, including, but not limited to, commercial sexual activity and sexually explicit performances.

Sec. 462b. (1) A person shall not knowingly subject or attempt to subject another person to forced labor or services by causing or threatening to cause physical harm to another person. Except as provided in subsections (2) and (3), a person who violates this section is guilty of a felony punishable by imprisonment for not more than 10 years.