Chapter 811
AN ACT
SB 578
Relating to trafficking in persons; creating
new provisions; amending ORS 131.602, 137.103, 161.005 and 166.715; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. As used in sections 2 and 3 of this 2007
Act, “services” means activities performed by one person under the supervision
or for the benefit of another person.
SECTION 2. (1) A person commits the crime of subjecting
another person to involuntary servitude in the first degree if the person
knowingly and without lawful authority forces or attempts to force the other
person to engage in services by:
(a)
Causing or threatening to cause the death of or serious physical injury to a
person; or
(b) Physically restraining
or threatening to physically restrain a person.
(2) Subjecting another
person to involuntary servitude in the first degree is a Class B felony.
SECTION 3. (1) A person commits the crime of subjecting
another person to involuntary servitude in the second degree if the person
knowingly and without lawful authority forces or attempts to force the other
person to engage in services by:
(a) Abusing or
threatening to abuse the law or legal process;
(b) Destroying,
concealing, removing, confiscating or possessing an actual or purported
passport or immigration document or another actual or purported government
identification document of a person;
(c) Threatening to
report a person to a government agency for the purpose of arrest or
deportation;
(d) Threatening to
collect an unlawful debt; or
(e) Instilling in the
other person a fear that the actor will withhold from the other person the
necessities of life, including but not limited to lodging, food and clothing.
(2) Subjecting another
person to involuntary servitude in the second degree is a Class C felony.
SECTION 4. (1) A person commits the crime of
trafficking in persons if the person knowingly:
(a) 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 knowing that
the other person will be subjected to involuntary servitude as described in
section 2 or 3 of this 2007 Act; or
(b) Benefits financially
or receives something of value from participation in a venture that involves an
act prohibited by this section or section 2 or 3 of this 2007 Act.
(2) Trafficking in
persons is a Class B felony.
SECTION 5. ORS 137.103 is amended to read:
137.103. As used in ORS
137.101 to 137.109, 161.675 and 161.685:
(1) “Criminal activities”
means any offense with respect to which the defendant is convicted or any other
criminal conduct admitted by the defendant.
(2) “Economic damages”:
(a) Has the meaning given that term in ORS
31.710, except that “economic damages” does not include future impairment of
earning capacity; and
(b) In cases involving
criminal activities described in section 2, 3 or 4 of this 2007 Act, includes
the greater of:
(A) The value to the
defendant of the victim’s services as defined in section 1 of this 2007 Act; or
(B) The value of the
victim’s services, as defined in section 1 of this 2007 Act, computed using the
minimum wage established under ORS 653.025 and the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
(3) “Restitution” means
full, partial or nominal payment of economic damages to a victim. Restitution
is independent of and may be awarded in addition to a compensatory fine awarded
under ORS 137.101.
(4) “Victim” means:
(a) The person against
whom the defendant committed the criminal offense, if the court determines that
the person has suffered economic damages as a result of the offense.
(b) Any person not
described in paragraph (a) of this subsection whom the
court determines has suffered economic damages as a result of the defendant’s
criminal activities.
(c) The Criminal
Injuries Compensation Account, if it has expended moneys on behalf of a victim
described in paragraph (a) of this subsection.
(d) An insurance
carrier, if it has expended moneys on behalf of a victim described in paragraph
(a) of this subsection.
(5) “Victim” does not
include any coparticipant in the defendant’s criminal activities.
SECTION 6. ORS 161.005 is amended to read:
161.005. ORS 161.005 to
161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to
161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685,
161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to
162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115,
163.125 to 163.145, 163.160 to 163.208, 163.215 to 163.257, 163.275, 163.285,
163.305 to 163.467, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415,
164.805, 164.877, 165.002 to 165.109, 165.805, 166.005 to 166.095, 166.350,
166.382, 166.384, 166.660, 167.002 to 167.027, 167.060 to 167.100, 167.117,
167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810
and 167.820 and sections 1, 2, 3 and 4 of this 2007 Act, shall be known
and may be cited as Oregon Criminal Code of 1971.
SECTION 7. ORS 166.715 is amended to read:
166.715. As used in ORS
166.715 to 166.735, unless the context requires otherwise:
(1) “Documentary
material” means any book, paper, document, writing, drawing, graph, chart,
photograph, phonograph record, magnetic tape, computer printout, other data
compilation from which information can be obtained or from which information
can be translated into usable form, or other tangible item.
(2) “
(3) “Investigative
agency” means the Department of Justice or any district attorney.
(4) “Pattern of racketeering
activity” means engaging in at least two incidents of racketeering activity
that have the same or similar intents, results, accomplices, victims or methods
of commission or otherwise are interrelated by distinguishing characteristics,
including a nexus to the same enterprise, and are not isolated incidents,
provided at least one of such incidents occurred after November 1, 1981, and
that the last of such incidents occurred within five years after a prior
incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or
419A.190 or any other provision of law providing that a previous prosecution is
a bar to a subsequent prosecution, conduct that constitutes an incident of
racketeering activity may be used to establish a pattern of racketeering
activity without regard to whether the conduct previously has been the subject
of a criminal prosecution or conviction or a juvenile court adjudication,
unless the prosecution resulted in an acquittal or the adjudication resulted in
entry of an order finding the youth not to be within the jurisdiction of the
juvenile court.
(5) “Person” means any
individual or entity capable of holding a legal or beneficial interest in real
or personal property.
(6) “Racketeering
activity” includes conduct of a person committed both before and after the
person attains the age of 18 years, and means to commit, to attempt to commit,
to conspire to commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that
constitutes a crime, as defined in ORS 161.515, under any of the following
provisions of the Oregon Revised Statutes:
(A) ORS 59.005 to
59.451, 59.660 to 59.830, 59.991 and 59.995, relating to securities;
(B) ORS 162.015, 162.025
and 162.065 to 162.085, relating to bribery and perjury;
(C) ORS 162.235, 162.265
to 162.305, 162.325, 162.335, 162.355 and 162.365, relating to obstructing
governmental administration;
(D) ORS 162.405 to
162.425, relating to abuse of public office;
(E) ORS 162.455,
relating to interference with legislative operation;
(F) ORS 163.095 to
163.115, 163.118, 163.125 and 163.145, relating to criminal homicide;
(G) ORS 163.160 to
163.205, relating to assault and related offenses;
(H) ORS 163.225 and
163.235, relating to kidnapping;
(I) ORS 163.275,
relating to coercion;
(J) ORS 163.670 to
163.693, relating to sexual conduct of children;
(K) ORS 164.015,
164.043, 164.045, 164.055, 164.057, 164.075 to 164.095, 164.125, 164.135,
164.140, 164.215, 164.225 and 164.245 to 164.270, relating to theft, burglary,
criminal trespass and related offenses;
(L) ORS 164.315 to
164.335, relating to arson and related offenses;
(M) ORS 164.345 to
164.365, relating to criminal mischief;
(N) ORS 164.395 to
164.415, relating to robbery;
(O) ORS 164.865, 164.875
and 164.868 to 164.872, relating to unlawful recording or labeling of a
recording;
(P) ORS 165.007 to
165.022, 165.032 to 165.042 and 165.055 to 165.070, relating to forgery and
related offenses;
(Q) ORS 165.080 to
165.109, relating to business and commercial offenses;
(R) ORS 165.485 to
165.515, 165.540 and 165.555, relating to communication crimes;
(S) ORS 166.180,
166.190, 166.220, 166.250, 166.270, 166.275, 166.410, 166.450 and 166.470,
relating to firearms and other weapons;
(T) ORS 164.377 (2) to
(4), as punishable under ORS 164.377 (5)(b), 167.007 to 167.017, 167.062 to
167.080, 167.087, 167.090, 167.122 to 167.137, 167.147, 167.164, 167.167,
167.212, 167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating to
prostitution, obscenity, gambling, computer crimes involving the Oregon State
Lottery, animal fighting, forcible recovery of a fighting bird and related
offenses;
(U) ORS 171.990,
relating to legislative witnesses;
(V) ORS 260.575 and
260.665, relating to election offenses;
(W) ORS 314.075, relating
to income tax;
(X) ORS 180.440 (2) and
ORS chapter 323, relating to cigarette and tobacco products taxes and the
directory developed under ORS 180.425;
(Y) ORS 411.630,
411.675, 411.690 and 411.840, relating to public assistance payments, and ORS
411.990 (2) and (3);
(Z) ORS 462.140, 462.415
and 462.420 to 462.520, relating to racing;
(AA) ORS 463.995,
relating to boxing and wrestling, as defined in ORS 463.015;
(BB) ORS 471.305,
471.360, 471.392 to 471.400, 471.403, 471.404, 471.405, 471.425, 471.442,
471.445, 471.446, 471.485, 471.490 and 471.675, relating to alcoholic liquor,
and any of the provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to
475.285 and 475.840 to 475.980, relating to controlled substances;
(DD) ORS 480.070,
480.210, 480.215, 480.235 and 480.265, relating to explosives;
(EE) ORS 819.010,
819.040, 822.100, 822.135 and 822.150, relating to motor vehicles;
(FF) ORS 658.452 or
658.991 (2) to (4), relating to farm labor contractors;
(GG) ORS chapter 706,
relating to banking law administration;
(HH) ORS chapter 714,
relating to branch banking;
(II) ORS chapter 716,
relating to mutual savings banks;
(JJ) ORS chapter 723,
relating to credit unions;
(KK) ORS chapter 726, relating
to pawnbrokers;
(LL) ORS 166.382 and
166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 59.840 to
59.980, relating to mortgage bankers and mortgage brokers;
(OO) ORS chapter 496,
497 or 498, relating to wildlife;
(PP) ORS 163.355 to
163.427, relating to sexual offenses;
(QQ) ORS 166.015,
relating to riot;
(RR) ORS 166.155 and
166.165, relating to intimidation;
(SS) ORS chapter 696,
relating to real estate and escrow;
(TT) ORS chapter 704,
relating to outfitters and guides;
(UU) ORS 165.692,
relating to making a false claim for health care payment;
(VV) ORS 162.117,
relating to public investment fraud;
(WW) ORS 164.170 or
164.172;
(XX) ORS 647.140,
647.145 or 647.150, relating to trademark counterfeiting;
(YY) ORS 164.877;
(ZZ) ORS 167.312 and
167.388;
(AAA) ORS 164.889; [or]
(BBB) ORS 165.800; or
(CCC)
Section 2, 3 or 4 of this 2007 Act.
(b) Any conduct defined
as “racketeering activity” under 18 U.S.C. 1961 (1)(B),
(C), (D) and (E).
(7) “Unlawful debt”
means any money or other thing of value constituting principal or interest of a
debt that is legally unenforceable in the state in whole or in part because the
debt was incurred or contracted:
(a) In violation of any
one of the following:
(A) ORS chapter 462,
relating to racing;
(B) ORS 167.108 to
167.164, relating to gambling; or
(C) ORS 82.010 to
82.170, relating to interest and usury.
(b) In gambling activity
in violation of federal law or in the business of lending money at a rate
usurious under federal or state law.
(8) Notwithstanding
contrary provisions in ORS 174.060, when this section references a statute in
the Oregon Revised Statutes that is substantially different in the nature of
its essential provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to the statute.
SECTION 8. ORS 131.602 is amended to read:
131.602. The crimes to
which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as
defined in ORS 162.015.
(2) Bribe receiving, as
defined in ORS 162.025.
(3) Public investment
fraud, as defined in ORS 162.117.
(4) Bribing a witness,
as defined in ORS 162.265.
(5) Bribe receiving by a
witness, as defined in ORS 162.275.
(6) Simulating legal
process, as defined in ORS 162.355.
(7) Official misconduct
in the first degree, as defined in ORS 162.415.
(8) Custodial
interference in the second degree, as defined in ORS 163.245.
(9) Custodial
interference in the first degree, as defined in ORS 163.257.
(10) Buying or selling a
person under 18 years of age, as defined in ORS
163.537.
(11) Using a child in a
display of sexually explicit conduct, as defined in ORS 163.670.
(12) Encouraging child
sexual abuse in the first degree, as defined in ORS 163.684.
(13) Encouraging child
sexual abuse in the second degree, as defined in ORS 163.686.
(14) Encouraging child
sexual abuse in the third degree, as defined in ORS 163.687.
(15) Possession of
materials depicting sexually explicit conduct of a child in the first degree,
as defined in ORS 163.688.
(16) Possession of
materials depicting sexually explicit conduct of a child in the second degree,
as defined in ORS 163.689.
(17) Theft in the second
degree, as defined in ORS 164.045.
(18) Theft in the first
degree, as defined in ORS 164.055.
(19) Aggravated theft in
the first degree, as defined in ORS 164.057.
(20) Theft by extortion,
as defined in ORS 164.075.
(21) Theft by deception,
as defined in ORS 164.085, if it is a felony or a Class A
misdemeanor.
(22) Theft by receiving,
as defined in ORS 164.095, if it is a felony or a Class A
misdemeanor.
(23) Theft of services,
as defined in ORS 164.125, if it is a felony or a Class A
misdemeanor.
(24) Unauthorized use of
a vehicle, as defined in ORS 164.135.
(25) Mail theft or
receipt of stolen mail, as defined in ORS 164.162.
(26) Laundering a
monetary instrument, as defined in ORS 164.170.
(27) Engaging in a
financial transaction in property derived from unlawful activity, as defined in
ORS 164.172.
(28) Burglary in the
second degree, as defined in ORS 164.215.
(29) Burglary in the
first degree, as defined in ORS 164.225.
(30) Possession of a
burglary tool or theft device, as defined in ORS 164.235.
(31) Unlawful entry into
a motor vehicle, as defined in ORS 164.272.
(32) Arson in the second
degree, as defined in ORS 164.315.
(33) Arson in the first
degree, as defined in ORS 164.325.
(34) Computer crime, as
defined in ORS 164.377.
(35) Robbery in the
third degree, as defined in ORS 164.395.
(36) Robbery in the
second degree, as defined in ORS 164.405.
(37) Robbery in the
first degree, as defined in ORS 164.415.
(38) Unlawful labeling
of a sound recording, as defined in ORS 164.868.
(39) Unlawful recording
of a live performance, as defined in ORS 164.869.
(40) Unlawful labeling
of a videotape recording, as defined in ORS 164.872.
(41) A violation of ORS
164.877.
(42) Endangering
aircraft, as defined in ORS 164.885.
(43) Interference with
agricultural operations, as defined in ORS 164.887.
(44) Forgery in the
second degree, as defined in ORS 165.007.
(45) Forgery in the
first degree, as defined in ORS 165.013.
(46) Criminal possession
of a forged instrument in the second degree, as defined in ORS 165.017.
(47) Criminal possession
of a forged instrument in the first degree, as defined in ORS 165.022.
(48) Criminal possession
of a forgery device, as defined in ORS 165.032.
(49) Criminal
simulation, as defined in ORS 165.037.
(50) Fraudulently
obtaining a signature, as defined in ORS 165.042.
(51) Fraudulent use of a
credit card, as defined in ORS 165.055.
(52) Negotiating a bad
check, as defined in ORS 165.065.
(53) Possessing a
fraudulent communications device, as defined in ORS 165.070.
(54) Unlawful factoring
of a payment card transaction, as defined in ORS 165.074.
(55) Falsifying business
records, as defined in ORS 165.080.
(56) Sports bribery, as
defined in ORS 165.085.
(57) Sports bribe
receiving, as defined in ORS 165.090.
(58) Misapplication of
entrusted property, as defined in ORS 165.095.
(59) Issuing a false
financial statement, as defined in ORS 165.100.
(60) Obtaining execution
of documents by deception, as defined in ORS 165.102.
(61) A violation of ORS
165.543.
(62) Cellular
counterfeiting in the third degree, as defined in ORS 165.577.
(63) Cellular
counterfeiting in the second degree, as defined in ORS 165.579.
(64) Cellular
counterfeiting in the first degree, as defined in ORS 165.581.
(65) Identity theft, as
defined in ORS 165.800.
(66) A violation of ORS
166.190.
(67) Unlawful use of a
weapon, as defined in ORS 166.220.
(68) A violation of ORS
166.240.
(69) Unlawful possession
of a firearm, as defined in ORS 166.250.
(70) A violation of ORS
166.270.
(71) Unlawful possession
of a machine gun, short-barreled rifle, short-barreled shotgun or firearms
silencer, as defined in ORS 166.272.
(72) A violation of ORS
166.275.
(73) Unlawful possession
of armor piercing ammunition, as defined in ORS 166.350.
(74) A violation of ORS
166.370.
(75) Unlawful possession
of a destructive device, as defined in ORS 166.382.
(76) Unlawful
manufacture of a destructive device, as defined in ORS 166.384.
(77) Possession of a
hoax destructive device, as defined in ORS 166.385.
(78) A violation of ORS
166.410.
(79) Providing false
information in connection with a transfer of a firearm, as defined in ORS
166.416.
(80) Improperly
transferring a firearm, as defined in ORS 166.418.
(81) Unlawfully
purchasing a firearm, as defined in ORS 166.425.
(82) A violation of ORS
166.429.
(83) A violation of ORS
166.470.
(84) A violation of ORS
166.480.
(85) A violation of ORS
166.635.
(86) A violation of ORS
166.638.
(87) Unlawful
paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS
166.720.
(89) Prostitution, as
defined in ORS 167.007.
(90) Promoting
prostitution, as defined in ORS 167.012.
(91) Compelling
prostitution, as defined in ORS 167.017.
(92) Exhibiting an
obscene performance to a minor, as defined in ORS 167.075.
(93) Unlawful gambling
in the second degree, as defined in ORS 167.122.
(94) Unlawful gambling
in the first degree, as defined in ORS 167.127.
(95) Possession of
gambling records in the second degree, as defined in ORS 167.132.
(96) Possession of
gambling records in the first degree, as defined in ORS 167.137.
(97) Possession of a
gambling device, as defined in ORS 167.147.
(98) Possession of a
gray machine, as defined in ORS 167.164.
(99) Cheating, as
defined in ORS 167.167.
(100) Tampering with
drug records, as defined in ORS 167.212.
(101)
A violation of ORS 167.262.
(102)
Research and animal interference, as defined in ORS 167.312.
(103)
Animal abuse in the first degree, as defined in ORS 167.320.
(104) Aggravated animal
abuse in the first degree, as defined in ORS 167.322.
(105)
Animal neglect in the first degree, as defined in ORS 167.330.
(106) Interfering with
an assistance, a search and rescue or a therapy animal, as defined in ORS
167.352.
(107)
Involvement in animal fighting, as defined in ORS 167.355.
(108) Dogfighting, as
defined in ORS 167.365.
(109)
Participation in dogfighting, as defined in ORS 167.370.
(110)
Unauthorized use of a livestock animal, as defined in ORS 167.385.
(111)
Interference with livestock production, as defined in ORS 167.388.
(112)
A violation of ORS 167.390.
(113)
A violation of ORS 471.410.
(114) Failure to report
missing precursor substances, as defined in ORS 475.955.
(115) Illegally
selling drug equipment, as defined in ORS 475.960.
(116) Providing
false information on a precursor substances report, as defined in ORS 475.965.
(117)
Unlawful delivery of an imitation controlled substance, as defined in ORS
475.912.
(118)
A violation of ORS 475.840, if it is a felony or a Class A misdemeanor.
(119)
A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.
(120)
A violation of ORS 475.916.
(121)
A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.
(122)
A violation of ORS 475.904 (2).
(123) Misuse of an
identification card, as defined in ORS 807.430.
(124) Unlawful
production of identification cards, licenses, permits, forms or camera cards,
as defined in ORS 807.500.
(125) Transfer of
documents for the purposes of misrepresentation, as defined in ORS 807.510.
(126) Using an invalid
license, as defined in ORS 807.580.
(127) Permitting misuse
of a license, as defined in ORS 807.590.
(128) Using another’s
license, as defined in ORS 807.600.
(129) Criminal driving
while suspended or revoked, as defined in ORS 811.182, when it is a felony.
(130) Driving while
under the influence of intoxicants, as defined in ORS 813.010, when it is a
felony.
(131)
Unlawful distribution of cigarettes, as defined in ORS 323.482.
(132)
A violation of ORS 180.440 (2).
(133) A
violation described in ORS 475.846 to 475.894, if it is a felony.
(134) Subjecting
another person to involuntary servitude in the first degree, as defined in
section 2 of this 2007 Act.
(135) Subjecting another
person to involuntary servitude in the second degree, as defined in section 3
of this 2007 Act.
(136) Trafficking in
persons, as defined in section 4 of this 2007 Act.
[(134)] (137) An attempt, conspiracy
or solicitation to commit a crime in subsections (1) to [(133)] (136) of this section if the attempt, conspiracy or
solicitation is a felony or a Class A misdemeanor.
SECTION 9. (1) Irrespective of any criminal prosecution
or the result of a criminal prosecution, a person injured by a violation of
section 2, 3 or 4 of this 2007 Act may bring a civil action for damages against
a person whose actions are unlawful under section 2, 3 or 4 of this 2007 Act.
(2) Upon prevailing in
an action under this section, the plaintiff may recover:
(a) Both special and
general damages, including damages for emotional distress; and
(b) Punitive damages.
(3) The court shall award
reasonable attorney fees to the prevailing plaintiff in an action under this
section. The court may award reasonable attorney fees and expert witness fees
incurred by a defendant who prevails in the action if the court determines that
the plaintiff had no objectively reasonable basis for asserting a claim or no
reasonable basis for appealing an adverse decision of a circuit court.
(4) An action under this
section must be commenced within six years of the conduct giving rise to the
claim.
SECTION 10. A person who is the victim of a crime
described in section 2, 3 or 4 of this 2007 Act may assert the defense of
duress, as described in ORS 161.270, if the person is prosecuted for conduct
that constitutes services under section 1 of this 2007 Act, that the person was
caused to provide.
SECTION 11. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date July 17, 2007
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