Arizona Laws 13-1308. Trafficking of persons for forced labor or services; classification; definitions
A. It is unlawful for a person to either:
Terms Used In Arizona Laws 13-1308
- Act: means a bodily movement. See Arizona Laws 13-105
- Benefit: means anything of value or advantage, present or prospective. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Government: means the state, any political subdivision of the state or any department, agency, board, commission, institution or governmental instrumentality of or within the state or political subdivision. See Arizona Laws 13-105
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restrain: means to restrict a person's movements without consent, without legal authority, and in a manner which interferes substantially with such person's liberty, by either moving such person from one place to another or by confining such person. See Arizona Laws 13-1301
- Serious physical injury: includes physical injury that creates a reasonable risk of death, or that causes serious and permanent disfigurement, serious impairment of health or loss or protracted impairment of the function of any bodily organ or limb. See Arizona Laws 13-105
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. Knowingly traffic another person with the intent to or knowledge that the other person will be subject to forced labor or services.
2. Knowingly benefit, financially or by receiving anything of value, from participation in a venture that has engaged in an act in violation of section 13-1306, section 13-1307, this section or section 13-3212, subsection A, paragraph 9 or 10.
B. A violation of this section is a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.
C. For the purposes of this section:
1. "Forced labor or services":
(a) Means labor or services that are performed or provided by another person and that are obtained through a person’s either:
(i) Causing or threatening to cause serious physical injury to any person.
(ii) Restraining or threatening to physically restrain another person.
(iii) Knowingly destroying, concealing, removing, confiscating, possessing or withholding another person’s actual or purported passport or other immigration document, government issued identification document, government record or personal property.
(iv) Abusing or threatening to abuse the law or the legal system.
(v) Extortion.
(vi) Causing or threatening to cause financial harm to any person.
(vii) Facilitating or controlling another person’s access to a controlled substance.
(b) Does not include ordinary household chores and reasonable disciplinary measures between a parent or legal guardian and the parent’s or legal guardian’s child.
2. "Traffic" means to entice, recruit, harbor, provide, transport or otherwise obtain another person by deception, coercion or force.