39-13-308 - Trafficking for forced labor or services. - Tennessee Statutes

39-13-308. Trafficking for forced labor or services.

(a)  A person commits the offense of trafficking persons for forced labor or services who knowingly:

     (1)  Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or

     (2)  Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in § 39-13-307.

(b)  In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of:

     (1)  The gross income or value of the benefit received by the defendant as the result of the victim's labor or services; or

     (2)  The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), compiled in 29 U.S.C. § 201 et seq., or the minimum wage required in this state, whichever is higher.

(c)  Trafficking for forced labor or services is a Class C felony.

[Acts 2008, ch. 1140, § 3.]