CHAPTER 3.5. HUMAN AND SEXUAL TRAFFICKING - Indiana Statutes

IC 35-42-3.5
     Chapter 3.5. Human and Sexual Trafficking

IC 35-42-3.5-1
Promotion of human trafficking; sexual trafficking of a minor; human trafficking
     Sec. 1. (a) A person who knowingly or intentionally recruits, harbors, or transports another person by force, threat of force, or fraud:
        (1) to engage the other person in:
            (A) forced labor; or
            (B) involuntary servitude; or
        (2) to force the other person into:
            (A) marriage; or
            (B) prostitution;
commits promotion of human trafficking, a Class B felony.
    (b) A parent, guardian, or custodian of a child less than eighteen (18) years of age who knowingly or intentionally sells or transfers custody of the child for the purpose of prostitution commits sexual trafficking of a minor, a Class A felony.
    (c) 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 Class C felony.
As added by P.L.173-2006, SEC.52.

IC 35-42-3.5-2
Restitution orders
     Sec. 2. In addition to any sentence or fine imposed for a conviction of an offense under section 1 of this chapter, the court shall order the person convicted to make restitution to the victim of the crime under IC 35-50-5-3.
As added by P.L.173-2006, SEC.52.

IC 35-42-3.5-3
Civil cause of action
     Sec. 3. (a) If a person is convicted of an offense under section 1 of this chapter, the victim of the offense:
        (1) has a civil cause of action against the person convicted of the offense; and
        (2) may recover the following from the person in the civil action:
            (A) Actual damages.
            (B) Court costs (including fees).
            (C) Punitive damages, when determined to be appropriate by the court.
            (D) Reasonable attorney's fees.     (b) An action under this section must be brought not more than two (2) years after the date the person is convicted of the offense under section 1 of this chapter.
As added by P.L.173-2006, SEC.52. Amended by P.L.106-2010, SEC.15.

IC 35-42-3.5-4
Rights of alleged victims
     Sec. 4. (a) An alleged victim of an offense under section 1 of this chapter:
        (1) may not be detained in a facility that is inappropriate to the victim's status as a crime victim;
        (2) may not be jailed, fined, or otherwise penalized due to having been the victim of the offense; and
        (3) shall be provided protection if the victim's safety is at risk or if there is danger of additional harm by recapture of the victim by the person who allegedly committed the offense, including:
            (A) taking measures to protect the alleged victim and the victim's family members from intimidation and threats of reprisals and reprisals from the person who allegedly committed the offense or the person's agent; and
            (B) ensuring that the names and identifying information of the alleged victim and the victim's family members are not disclosed to the public.
This subsection shall be administered by law enforcement agencies and the Indiana criminal justice institute as appropriate.
    (b) Not more than fifteen (15) days after the date a law enforcement agency first encounters an alleged victim of an offense under section 1 of this chapter, the law enforcement agency shall provide the alleged victim with a completed Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (LEA Declaration, Form I-914 Supplement B) in accordance with 8 CFR 214.11(f)(1). However, if the law enforcement agency finds that the grant of an LEA Declaration is not appropriate for the alleged victim, the law enforcement agency shall, not more than fifteen (15) days after the date the agency makes the finding, provide the alleged victim with a letter explaining the grounds for the denial of the LEA Declaration. After receiving a denial letter, the alleged victim may submit additional evidence to the law enforcement agency. If the alleged victim submits additional evidence, the law enforcement agency shall reconsider the denial of the LEA Declaration not more than seven (7) days after the date the agency receives the additional evidence.
As added by P.L.173-2006, SEC.52. Amended by P.L.130-2009, SEC.27.