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

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A felony15 to 60 yearsup to $50,000
class C felony3 to 15 yearsup to $10,000
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-13-308

  • Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
  • Forced labor or services: means labor or services that are performed or provided by another person and are obtained or maintained through the defendant's:
    (A) Causing or threatening to cause serious harm to any person. See Tennessee Code 39-13-301
  • Involuntary servitude: means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not. See Tennessee Code 39-13-301
  • Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
  • Labor: means work of economic or financial value. See Tennessee Code 39-13-301
  • Obtain: means , in relation to labor or services, to secure performance of labor or services. See Tennessee Code 39-13-301
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Services: means an ongoing relationship between a person and the defendant in which the person performs activities under the supervision of or for the defendant. See Tennessee Code 39-13-301
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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) (29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
(c)

(1) Trafficking for forced labor or services is a Class C felony.
(2) Trafficking for forced labor or services is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
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