§ 14-43.10. Definitions. - North Carolina Statutes

Article 10A.

Human Trafficking.

§ 14‑43.10. Definitions.

(a)        Definitions. – Thefollowing definitions apply in this Article:

(1)        Coercion. – The termincludes all of the following:

a.         Causing orthreatening to cause bodily harm to any person, physically restraining orconfining any person, or threatening to physically restrain or confine anyperson.

b.         Exposing orthreatening to expose any fact or information that if revealed would tend tosubject a person to criminal or immigration proceedings, hatred, contempt, orridicule.

c.         Destroying,concealing, removing, confiscating, or possessing any actual or purportedpassport or other immigration document, or any other actual or purportedgovernment identification document, of any person.

d.         Providing a controlledsubstance, as defined by G.S. 90‑87, to a person.

(2)        Deception. – Theterm includes all of the following:

a.         Creating orconfirming another's impression of an existing fact or past event that is falseand which the accused knows or believes to be false.

b.         Maintaining thestatus or condition of a person arising from a pledge by that person of his orher personal services as security for a debt, if the value of those services asreasonably assessed is not applied toward the liquidation of the debt or thelength and nature of those services are not respectively limited and defined,or preventing a person from acquiring information pertinent to the dispositionof such debt.

c.         Promising benefitsor the performance of services that the accused does not intend to deliver orperform or knows will not be delivered or performed.

(3)        Involuntaryservitude. – The term includes the following:

a.         The performance oflabor, whether or not for compensation, or whether or not for the satisfactionof a debt; and

b.         By deception,coercion, or intimidation using violence or the threat of violence or by anyother means of coercion or intimidation.

(4)        Minor. – A personwho is less than 18 years of age.

(5)        Sexual servitude. – Theterm includes the following:

a.         Any sexual activityas defined in G.S. 14‑190.13 for which anything of value is directly orindirectly given, promised to, or received by any person, which conduct isinduced or obtained by coercion or deception or which conduct is induced orobtained from a person under the age of 18 years; or

b.         Any sexual activityas defined in G.S. 14‑190.13 that is performed or provided by any person,which conduct is induced or obtained by coercion or deception or which conductis induced or obtained from a person under the age of 18 years. (2006‑247, s. 20(b).)