Professional Documents
Culture Documents
To
Introduction………………………………………….......Page 3
Background …………………………………....………...Page 3
Process……………………………………………………Page 4
Discussion of Recommendations………………………..Page 5
Recommendations in Detail……………………………..Page 6
Appendix A………………………………………………Page 14
2
Introduction
This report of the Legal and Legislative Sub-Committee provides to Ohio Attorney
General Richard Cordray and the members of the Trafficking In Persons Study
Commission our recommendations to ensure that Ohio’s criminal codes are best
positioned to effectively combat the human trafficking activity that is currently taking
place in our state.
! Increase the penalty for compelling a minor to engage in sexual activity for hire
(felony one if victim under 16; felony two if victim under 18).
Background
Five separate bills focused on human trafficking have been introduced during the past
two sessions of the General Assembly. These legislative attempts to address human
trafficking in Ohio have largely been unsuccessful. This is largely due to the inability to
reach consensus among stakeholders regarding the criminal code changes that had been
proposed.
There was one breakthrough at the end of the 127th General Assembly when language
was amended into House Bill 280. This created the Trafficking In Persons Study
Commission as well as a new human trafficking specification in the criminal code. The
specification enhances the penalties that can be imposed when multiple offenses occur
3
that relate to human trafficking. When applied, the specification requires mandatory
prison terms of at least five years for a felony of the first degree, at least three years for a
felony of the second degree or third degree, 18 months for a felony of the fourth degree,
and 12 months for a felony of the fifth degree. An informal survey of county prosecutors
by the Sub-Committee found that the specification generally is not yet being applied.
This is attributed in part to the fact that the specification can only be used in the case of
offenses which occurred after April 7, 2009. The complete language of the specification
is found in Appendix A.
The report to the Trafficking In Persons Study Commission by the Research and Analysis
Sub-Committee illustrated the need to look again at how Ohio’s criminal codes can be
amended to better address this issue. More is needed as it was shown that Ohio is both a
source and destination state for victims of human trafficking. Foreign born individuals
are brought into Ohio for labor or sexual purposes and Ohio born youth have become
victims of sexual exploitation across the country.
Process
It was found that existing state law currently prohibits most of the activities that are
associated with human trafficking for labor or sexual purposes, as those engaged in
human trafficking can be prosecuted under existing laws for kidnapping, abduction, and
compelling prostitution. However, some modification of the statutes is necessary to
ensure that all criminal conduct is covered and that the penalties are appropriate.
The members of the sub-committee recognized that previous proposals which added
language that would have duplicated existing law could potentially spawn the unintended
consequence of hindering rather than helping the prosecution. Duplicative or overlapping
code sections create the opportunity to challenge a prosecution on the theory that the
improper statute was being applied in a particular case. This could result in a criminal
conviction being overturned, as well as the possibility of different courts coming to
different conclusions as to which statutes could be used to prosecute a human trafficking
offense. See e.g. State v. Volpe (1988), 38 Ohio St.3d 191.
The Sub-Committee reviewed bills previously introduced by State Senator Teresa Fedor
and State Representative Kathleen Chandler. These documents served as a basis for our
review.
4
Discussion of Recommendations
The recommendations that have been identified by the members of the Legal and
Legislative Sub-Committee would strengthen Ohio’s response to human trafficking
without creating unnecessary complexity or duplicating existing provisions of law.
Specific legislative language is provided in the next section of this report.
To clearly make the statement that human trafficking is taken seriously in Ohio, it is
recommended to create a new offense of trafficking in persons that would be a felony of
the second degree. This new law would be a way to seek justice for those who have been
a victim of either labor or sex trafficking.
Along with this new section of code, it is recommended that existing laws regarding
kidnapping and abduction be strengthened. This would ensure that those who commit
these offenses as a means to exploit others for their personal gain can be more severely
punished.
In the case of abduction, the trafficker would be charged with a second degree felony
instead of a third degree felony if he held another in a condition of involuntary servitude.
This increases the possible prison sentence from a sentence of between one and five years
to a possible prison sentence of between two and eight years. For kidnapping, the
recommendation would ensure that an individual is charged with a first degree felony,
even if the victim of the offense is eventually released in a safe place unharmed and
makes it easer for a prosecutor to make their case by removing the requirement to prove,
in the case of involuntary servitude, that a victim was at risk for serious physical harm.
To better fight those who seek to exploit our children, we recommend that the existing
compelling prostitution statute be amended to include increased associated penalties
where a minor victim is compelled to engage in sexual activity for hire. Under this
recommendation, an individual who seeks to exploit a minor under 16 years of age would
be subject to a first degree felony, those preying on 16 and 17 year-olds would be subject
to a second degree felony, and in cases of adult victims a third degree felony
The committee also recommends that the law be amended to recognize that traffickers
use both physical and non-physical means to manipulate a minor into performing sex
acts.
To ensure that labor trafficking is clearly covered under Ohio law, we recommend that
involuntary servitude now be defined in the Revised Code as a situation where a person is
“being compelled to perform labor or services for another against one’s will.” The
existing human trafficking specification should be amended to include involuntary
servitude, as under current law, the human trafficking specification may not be used in a
labor trafficking case.
It has been found that human traffickers confiscate identification documents as a way to
trap both their domestic and international victims. The members of the Sub-Committee
5
recommend the creation of a new offense that would make those who do this guilty of a
felony of the third degree.
Taken together, the Sub-Committee believes that these changes will discourage would-be
traffickers, thus decreasing the level of human trafficking activity in Ohio and better
protecting those who are most susceptible to exploitation. We also recognize that
changes to criminal law are only a part of a comprehensive solution. We offer our
endorsement of proposals that attempt to do the following:
1) Increase the level of training for those most likely to encounter human trafficking
victims so they are prepared to identify and assist these persons.
2) Improve general awareness of human trafficking and build the level of
understanding regarding how to obtain assistance for victims.
3) Enhance the availability of supportive services to aid victims in their recovery.
4) Ensure that statistical data is available so that the scope of the problem in Ohio
can continue to be monitored.
The members of the Legal and Legislative Sub-Committee look forward to working with
the other Trafficking In Persons Study Commission Sub-Committees on these key issues.
Recommendations In Detail
The following list provides greater details on the seven consensus recommendations
developed by the Legal and Legislative Sub-Committee.
B. Incorporate this new offense within the conspiracy statute (2923.01), engaging in
a pattern of corrupt activity statute (2923.32), and the human trafficking
specification statute (2941.1422).
Statutory change:
(A) No person shall knowingly recruit, lure, entice, solicit, isolate, harbor, transport,
provide, obtain, or maintain, or knowingly attempt to recruit, lure, entice, solicit,
isolate, harbor, transport, provide, obtain, or maintain, another person knowing or
having reasonable cause to believe that the person will be subjected to involuntary
servitude or be compelled to engage in sexual activity for hire, engage in a
performance that is obscene, sexually oriented, or nudity oriented, or be a model or
participant in the production of material that is obscene, sexually oriented, or nudity
oriented.
6
(B) Whoever violates this section is guilty of trafficking in persons, a felony of the
second degree.
B. Make an exception for the involuntary servitude a first degree felony regardless of
whether the victim is released in a safe place unharmed.
Statutory Change
2905.01 Kidnapping.
7
(5) To hinder, impede, or obstruct a function of government, or to
force any action or concession on the part of governmental
authority.
(1) Remove another from the place where the other person is
found;
(3) If the victim of the offense is less than thirteen years of age and
if the offender also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment, count
in the indictment, or information charging the offense, kidnapping
is a felony of the first degree, and, notwithstanding the definite
sentence provided for a felony of the first degree in section
2929.14 of the Revised Code, the offender shall be sentenced
pursuant to section 2971.03 of the Revised Code as follows:
8
(a) Except as otherwise provided in division (C)(3)(b) of this
section, the offender shall be sentenced pursuant to that section to
an indefinite prison term consisting of a minimum term of fifteen
years and a maximum term of life imprisonment.
(b) If the offender releases the victim in a safe place unharmed, the
offender shall be sentenced pursuant to that section to an indefinite
term consisting of a minimum term of ten years and a maximum
term of life imprisonment.
A. Increase the penalty from a third degree felony to a second degree felony in cases
involving involuntary servitude.
B. Include abduction within the conspiracy statute (2923.01) making this a third
degree felony for involuntary servitude and a fourth degree felony otherwise.
Statutory Change:
2905.02 Abduction.
(1) By force or threat, remove another from the place where the
other person is found;
9
third degree. A violation of division (A)(3) of this section is a
felony of the second degree. If the offender also is convicted of or
pleads guilty to a specification as described in section 2941.1422
of the Revised Code that was included in the indictment, count in
the indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term as provided in
division (D)(7) of section 2929.14 of the Revised Code and shall
order the offender to make restitution as provided in division
(B)(8) of section 2929.18 of the Revised Code.
B. Increase the penalty for compelling a minor to engage in sexual activity for hire to
a felony two when the minor is 16 or 17 (current law is a felony three) and to a
felony one when the minor is under 16 (current law is a felony two).
Statutory change:
(a) A minor to engage in sexual activity for hire, whether or not the
offender knows the age of the minor;
10
minor.
(4)(a) Pay a minor, either directly or through the minor’s agent, for
the minor having engaged in sexual activity pursuant to a prior
agreement, whether or not the offender knows the age of the
minor;
11
sentence the offender to a mandatory prison term as provided in
division (D)(7) of section 2929.14 of the Revised Code and shall
order the offender to make restitution as provided in division
(B)(8) of section 2929.18 of the Revised Code.
A second issue regarding the legal status of a minor who is soliciting in Ohio was raised
by the Founder and Executive Director of Gracehaven. A suggestion was made to
exclude minors from prosecution by amending statutes 2907.24 and 2907.241. However,
some were concerned that this would also exempt minors who are not victims of human
trafficking being prosecuted in juvenile court for engaging in prostitution.
“Involuntary servitude” means being compelled to perform labor or services for another
against one’s will.
Statutory change:
(B) Whoever violates this section is guilty of unlawful conduct with respect to
documents, a felony of the third degree.
12
C. Eliminate the requirement that the two felony offenses necessary for the
specification not be related closely together and connected in time and
place to constitute a single event or transaction.
Statutory change:
(AAA) "Human trafficking" means a scheme or plan to which all of the following
apply:
(2) It involves at least two felony offenses, whether or not there has been a
prior conviction for any of the felony offenses, to which all of the following
apply:
(b) At least one of the felony offenses was committed in this state.
(c) The felony offenses are related to the same scheme or plan, and are not
isolated instances, and are not so closely related to each other and connected in
time and place that they constitute a single event or transaction.
13
Appendix A: Ohio’s Human Trafficking Specification (current law)
(A) Imposition of a mandatory prison term under division (D)(7) of section 2929.14 of
the Revised Code is precluded unless the offender is convicted of or pleads guilty to a
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), (4), or (5) of section
2919.22 of the Revised Code and unless the indictment, count in the indictment, or
information charging the offense specifies that the offender knowingly committed the
offense in furtherance of human trafficking. The specification shall be stated at the end of
the body of the indictment, count, or information and shall be stated in substantially the
following form:
(B) As used in this section, "human trafficking" has the same meaning as in section
2929.01 of the Revised Code.
R.C. 2929.01(AAA) “Human trafficking” means a scheme or plan to which all of the
following apply:
(1) Its object is to compel a victim or victims to engage in sexual activity for hire, to
engage in a performance that is obscene, sexually oriented, or nudity oriented, or to be a
model or participant in the production of material that is obscene, sexually oriented, or
nudity oriented.
(2) It involves at least two felony offenses, whether or not there has been a prior
conviction for any of the felony offenses, to which all of the following apply:
(a) Each of the felony offenses is a violation of section 2905.01, 2905.02, 2907.21,
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323, or division (B)(1), (2),
(3), (4), or (5) of section 2919.22 of the Revised Code or is a violation of a law of any
state other than this state that is substantially similar to any of the sections or divisions of
the Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this state.
(c) The felony offenses are related to the same scheme or plan, are not isolated instances,
and are not so closely related to each other and connected in time and place that they
constitute a single event or transaction.
14