Chapter 3.80
HUMAN TRAFFICKING
Sections:
3.80.010 Patronizing a prostitute.
3.80.015 Patronizing a child prostitute.
3.80.020 Promotion of prostitution.
3.80.030 Involuntary servitude.
3.80.010 Patronizing a prostitute.
(1) A person commits the crime of patronizing a prostitute if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual acts with another person.
(2) “Fee” means something that has economic value and that is exchanged in a transaction that is commercial in character.
(3) Commercial solicitation of prostitution is a Class E offense. [Res. 2018-444].
3.80.015 Patronizing a child prostitute.
(1) A person commits the crime of patronizing a child prostitute if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual acts with another person who has not attained the age of 18 years.
(2) “Fee” means something that has economic value and that is exchanged in a transaction that is commercial in character.
(3) Patronizing a child prostitute is a Class F offense.
(4) Patronizing a child prostitute is a registrable sex offense. [Res. 2018-444].
3.80.020 Promotion of prostitution.
(1) A person commits the offense of promotion of prostitution if he or she knowingly:
(a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise; or
(b) Induces, compels, or otherwise causes a person to engage in prostitution or to remain in a place of prostitution; or
(c) Receives or agrees to receive a fee in return for prostitution activity, other than as a prostitute being compensated for personally rendered prostitution services.
(2) Definitions.
(a) “Fee” means something that has economic value and that is exchanged in a transaction that is commercial in character.
(b) “Place of prostitution” means any place where prostitution is practiced.
(c) “Prostitute” means a person who is promised to engage in or engages in sexual conduct or sexual contact for a fee, regardless of to whom the fee is given or owed.
(d) “Prostitution enterprise” means an arrangement whereby two or more prostitutes are organized to conduct prostitution activities.
(3) Promotion of prostitution is a Class F offense.
(4) Promotion of prostitution is a registrable sex offense.
(5) Each prostitute, fee, and place of prostitution or prostitution enterprise constitutes a separate prosecutable violation of this section. The units of prosecution for this section are:
(a) Per place of prostitution or prostitution enterprise for subsection (1)(a) of this section;
(b) Per prostitute for subsection (1)(b) of this section;
(c) Per fee for subsection (1)(c) of this section. [Res. 2018-444].
3.80.030 Involuntary servitude.
(1) A person commits the crime of subjecting another person to involuntary servitude if the person knowingly and without lawful authority forces or attempts to force the other person to engage in labor or services, whether legal or illegal, by:
(a) Causing or threatening to cause the death of or physical injury or pain to any person;
(b) Physically restraining or threatening to physically restrain any person;
(c) Abusing or threatening to abuse the law or legal process;
(d) 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;
(e) Threatening to report any person to a government agency for the purpose of arrest or deportation;
(f) Threatening to collect an unlawful debt; or
(g) 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.
(2) “Abusing or threatening to abuse the law or legal process” means 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.
(3) Involuntary servitude is a Class F offense. [Res. 2018-444].
3.80.040 Human trafficking.
(1) A person commits the crime of human trafficking by knowingly recruiting, harboring, transporting, providing, selling, or obtaining by any means any person with knowledge or intent that such person be used for labor or services in violation of this chapter.
(2) Human trafficking is a Class F offense.
(3) Conviction and punishment for human 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. [Res. 2018-444].
3.80.050 Firearms.
(1) Whoever, during and in relation to the commission of a crime punishable under this chapter, uses or carries a firearm, shall be guilty of a Class F offense.
(2) Conviction and punishment for violation of this section shall be in addition to the punishment provided for the commission of 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. [Res. 2018-444].
3.80.060 Obstruction.
Whoever engages in conduct intended to obstruct or in any way interfere with or prevent the enforcement of any provision of this chapter shall be guilty of a Class F offense. [Res. 2018-444].
3.80.070 Restitution.
(1) 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 (through the appropriate Court mechanism) the full amount of the victim’s losses.
(2) “Full amount of the victim’s losses” means:
(a) The value of the victim’s labor 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;
(b) Any costs incurred by the victim for:
(i) Medical services relating to physical, psychiatric, or psychological care;
(ii) Physical and occupational therapy or rehabilitation; and
(iii) Necessary transportation, temporary housing, and child care expenses;
(c) Lost income;
(d) Attorneys’ fees, as well as other related costs incurred; and
(e) Any other losses suffered or costs incurred by the victim as a proximate result of the offense.
(3) “Victim” means 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. [Res. 2018-444].
3.80.080 Civil forfeiture.
(1) The Court, in imposing a sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed, that such person shall forfeit to the Tribes:
(a) Such person’s interest in any property, real or personal, that was involved in, used, or intended to be used to commit or to facilitate the commission of such violation, and any property traceable to such property; and
(b) Any property, real or personal, constituting or derived from any proceeds that such person obtained, directly or indirectly, as a result of such violation, and any property traceable to such property.
(2) The provisions of Chapter 2.60 TTC shall apply to any seizure or civil forfeiture under this subsection. The following shall be subject to forfeiture to the Tulalip Tribes and no property right shall exist in them:
(a) Any property, real or personal, involved in, used, or intended to be used to commit or to facilitate the commission of any violation of this chapter, and any property traceable to such property.
(b) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
(3) Transfer of Forfeited Assets. Notwithstanding any other provision of law, assets forfeited pursuant to this section, or the proceeds derived from the sale thereof, shall be first allocated to satisfy any unpaid victim restitution orders arising from violations of this chapter. [Res. 2018-444].