Terms Used In West Virginia Code > Chapter 61 > Article 14 - Human Trafficking

• Adult: means an individual 18 years of age or older. See West Virginia Code 61-14-1
• Coercion: means :

  (A) The use or threat of force against, abduction of, serious harm to, or physical restraint of an individual. See West Virginia Code 61-14-1

• Commercial sexual activity: means sexual activity for which anything of value is given to, promised to, or received by a person. See West Virginia Code 61-14-1
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Debt bondage: means inducing an individual to provide:

  (A) Commercial sexual activity in payment toward or satisfaction of a real or purported debt. See West Virginia Code 61-14-1

• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Forced labor: means labor or services that are performed or provided by another person and are obtained or maintained through the following:

  (A) Threat, either implicit or explicit, deception or fraud, scheme, plan, or pattern or other action intended to cause a person to believe that, if the person did not perform or provide the labor or services, that person or another person would suffer serious bodily harm, physical restraint, or deportation. See West Virginia Code 61-14-1

• Fraud: Intentional deception resulting in injury to another.
• 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.
• Identification document: means a passport, driver's license, immigration document, travel document or other government-issued identification document, including a document issued by a foreign government. See West Virginia Code 61-14-1
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Labor or services: means activity having economic value. See West Virginia Code 61-14-1
• Lien: A claim against real or personal property in satisfaction of a debt.
• Minor: means a person younger than 18 years of age or a person representing himself or herself to be a minor. See West Virginia Code 61-14-1
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Person: means an individual, estate, business or nonprofit entity, or other legal entity. See West Virginia Code 61-14-1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Serious harm: means harm, whether physical or nonphysical, including psychological, economic or reputational, to an individual which would compel a reasonable individual of the same background and in the same circumstances to perform or continue to perform labor or services or sexual activity to avoid incurring the harm. See West Virginia Code 61-14-1
• Sexual activity: means sexual contact, sexual intercourse, or sexual intrusion, as defined in §. See West Virginia Code 61-14-1
• Sexual servitude: means :

  (A) Maintaining or making available a minor for the purpose of engaging the minor in commercial sexual activity. See West Virginia Code 61-14-1

• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• traffics: means knowingly recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, or enticing an individual to engage in debt bondage, forced labor, or sexual servitude. See West Virginia Code 61-14-1
• Victim: means an individual who is subjected to human trafficking, regardless of whether a perpetrator is prosecuted or convicted. See West Virginia Code 61-14-1