[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 1-21-2021 by Res. No. 01-21-21-07]
As used in this chapter, the following terms shall have the
meanings indicated:
The use or threatened use of a law or legal process, whether
administrative, civil, or criminal, in any manner or for any purpose
for which the law was not designed, in order to exert pressure on
another person to cause that person to take some action or refrain
from taking some action.
Any person over the age of 18 years of age.
Threatening to use force;
Abusing a position of power or another individual's position
of vulnerability;
Abusing or threatening to abuse the law or legal process;
Controlling or threatening to control an individual's access
to an intoxicating beverage, or controlled substance;
Destroying, taking or threatening to destroy or take an individual's
property;
Inducing an individual to provide commercial sexual activity
in payment toward a real or purported debt; or
Exploiting an individual's physical or mental impairment
when the impairment has a substantial adverse effect on the individual's
cognitive or volitional function.
Sexual activity for which anything of value is given to,
promised to, or received by an individual.
Includes, but is not limited to, abduction, physical restraint
or confinement, sexual or physical violence, or serious harm.
Intentional misrepresentation of a material existing fact
made with knowledge of its falsity, including, but not limited to,
written or verbal statements about employment, wages, working conditions
or other opportunities.
A person commits the crime of human trafficking by recruiting,
harboring, transporting, providing, selling, or obtaining by any means
any person with knowledge or intent that such person be used for labor
trafficking, sex trafficking, or related services.
A person commits the crime of labor trafficking if the person
without lawful authority forces or attempts to force the other person
to engage in labor or related services, whether legal or illegal.
Any person under the age of 18 years of age.
A person commits the offense of sex trafficking if the person
entices, recruits, transports, harbors, isolates, provides, obtains,
maintains, facilitates, directs, or arranges for an individual to
provide a commercial sexual activity or offers or agrees to compensate
an individual for a commercial sexual activity.
Sexual contact between.human beings, consisting of contact
between the penis and the vulva, the penis and the anus, the mouth
and the penis, the mouth and the vulva, or the mouth and the anus,
and includes any sexual contact as defined in this section. For the
purposes of this chapter, sexual contact between the penis and the
vulva, or between the penis and the anus, occurs upon penetration,
however slight. Emission is not required. The penetration, however
slight, of the anal or genital opening of another by a hand or finger
or by any object, with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person.
Any touching of the genitals or other intimate parts of the
person with the intent of arousing or gratifying sexual desire.
An individual harmed as a result of a violation of this chapter,
including, in the case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or a
representative of the victim's estate, or another family member,
or any other person appointed as suitable by the Court, but in no
event shall the defendant be named as representative or guardian.
Any group of two or more individuals associated in business,
whether or not a legal entity.
A.
A person commits the crime of human trafficking by recruiting, harboring,
transporting, providing, selling, or obtaining by any means any person
with knowledge or intent that such person be used for labor trafficking,
sex trafficking, or related services in violation of this chapter.
B.
Human trafficking is a felony.
C.
Conviction and punishment for human trafficking, labor trafficking
or sex trafficking shall be in addition to the punishment provided
for any related crimes. Notwithstanding any other provision of law,
the Court shall not run a sentence for violating this section concurrently
with any other terms of imprisonment.
A.
A person commits the crime of sex trafficking if the person:
(1)
Entices, recruits, transports, harbors, isolates, provides, obtains,
maintains, facilitates, directs, or arranges for an individual to
provide a commercial sexual activity;
(2)
Offers or agrees to compensate an individual for sexual activity;
or
(3)
Benefits financially or receives anything of value from participation,
other than as a victim of sex trafficking, in a venture, knowing that
the venture includes or will include sex trafficking.
B.
Sex trafficking is a felony.
A.
A person commits the crime of labor trafficking if the person without
lawful authority forces or attempts to force another person to engage
in labor or related services, whether legal or illegal, by:
(1)
Causing or threatening to cause the death of or physical injury or
pain to any person;
(2)
Physically restraining or threatening to physically restrain any
person;
(3)
Abusing or threatening to abuse the law or legal process;
(4)
Destroying, concealing, removing, confiscating or possessing an actual
or purported passport or immigration document or another actual or
purported government identification document of any person;
(5)
Threatening to report any person to a government agency for the purpose
of arrest or deportation;
(6)
Threatening to collect an unlawful debt; or
(7)
Instilling in the other person a fear that the actor will withhold
from any person the necessities of life, including but not limited
to lodging, food, and clothing.
B.
Labor trafficking is a felony.
A.
In addition to any other civil or criminal penalties authorized by
law, the Court shall order restitution for any offense under this
chapter. The order of restitution under this section shall direct
the defendant to pay the victim the full amount of the victim's
losses.
B.
"Full amount of the victim's losses" means:
(1)
The value of the victim's services performed in violation of
this chapter, calculated as the greater of the gross income or value
to the defendant of the victim's services or labor or the value
of the victim's labor under applicable minimum wage and overtime
laws;
(3)
Lost income;
(4)
Attorneys' fees and other related to costs incurred; and
(5)
Any other losses suffered or costs incurred by the victim as a proximate
result of the offense.
A.
Any person convicted of a felony violation of this Title shall forfeit
to the Nottawaseppi Huron Band of Potawatomi:
A.
Incident to arrest for a crime involving human trafficking, sex trafficking,
or labor trafficking, NHBP Tribal Police shall seize all weapons that
are alleged to have been involved or were threatened to be used in
the commission of the crime.
B.
The NHBP Tribal Police may also seize weapons that are in plain view
of the officer or that are discovered pursuant to a consensual search,
an officer safety pat-down, or a search incident to arrest as necessary
for the protection of the officer or other persons.
C.
NHBP Tribal Police are authorized to confiscate weapons from a person
who is prohibited from possessing or using them.
D.
Upon order of the Tribal Court, such weapon may be destroyed, retained
by the Tribal Police Department, or sold at public sale after appropriate
public notice, pursuant to the direction of the Tribal Court.
A.
Human trafficking victims shall:
(1)
Be housed in an appropriate shelter as soon as practicable;
(2)
Not be detained in facilities inappropriate to their status as crime
victims;
(3)
Not be jailed, fined, or otherwise penalized due to having been trafficked;
(4)
Receive prompt medical care, mental-health care, food, and other
assistance, as necessary;
(5)
Have access to legal assistance, information about their rights,
and translation services, as necessary;
(6)
Be provided protection if the safety of the victim is at risk or
if there is a danger of additional harm by recapture of the victim
by a trafficker, including:
B.
Any person aggrieved by a violation of this code may bring a civil
action against the person or persons who committed the violation to
recover actual and punitive damages and reasonable attorney fees.
C.
Any person aggrieved by a violation of this code has the right to
reasonable, accurate, and timely notice of any public court proceeding.
D.
Victim immunity and affirmative defense. A person is not criminally
liable or subject to a criminal proceeding for a nonviolent offense
if the person committed the offense while a victim of human trafficking.
A.
A person convicted of a nonviolent offense, including prostitution,
committed while a victim of, or as a result of being a victim of sex
trafficking, may apply to the Nottawaseppi Huron Band of Potawatomi
Tribal Court to expunge the applicant's record of conviction
for the offense. The Court may grant such motion on a finding that
the applicant's participation in the offense occurred while the
defendant was a victim or as the result of being a victim.
B.
While not necessary, official documentation from a federal, state,
local, or tribal government agency indicating that the defendant was
a victim at the time of the offense creates a presumption that the
defendant's participation in the offense was a direct result
of being a victim.
C.
A petition filed under this section is governed by the policy and
procedures of the Nottawaseppi Huron Band of the Potawatomi Tribal
Court, including any applicable Court Rules or forms created for the
victim-expungement process.
