Bill Text: NC H221 | 2013-2014 | Regular Session | Introduced
Bill Title: Increase Penalties for Human Trafficking
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-06 - Ref to the Com on Judiciary Subcommittee B, if favorable, Appropriations [H221 Detail]
Download: North_Carolina-2013-H221-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH30130-LH-73 (02/12)
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Short Title: Increase Penalties for Human Trafficking. |
(Public) |
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Sponsors: |
Representatives Hamilton, Davis, Mobley, and Carney (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to increase the criminal penalty for the offenses of human trafficking and certain other related crimes and to require that a person convicted of certain offenses of human trafficking, involuntary servitude, sexual servitude, or the unlawful sale, surrender, or purchase of a minor must register under the sex offender and public protection registration program.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑43.11(b) reads as rewritten:
"(b) A person who violates this section is guilty
of a Class F Class E felony if the victim of the offense is an
adult. A person who violates this section is guilty of a Class C felony if the
victim of the offense is a minor."
SECTION 2. G.S. 14‑43.12(b) reads as rewritten:
"(b) A person who violates this section is guilty
of a Class F Class E felony if the victim of the offense is an
adult. A person who violates this section is guilty of a Class C felony if the
victim of the offense is a minor."
SECTION 3. G.S. 14‑43.13(b) reads as rewritten:
"(b) A person who violates this section is guilty
of a Class F Class E felony if the victim of the offense is an
adult. A person who violates this section is guilty of a Class C felony if the
victim of the offense is a minor."
SECTION 4. G.S. 14‑43.14(b) reads as rewritten:
"(b) A person who violates this section is guilty
of a Class F Class E felony and shall pay a minimum fine of five
thousand dollars ($5,000). For each subsequent violation, a person is guilty of
a Class F felony and shall pay a minimum fine of ten thousand dollars
($10,000)."
SECTION 5. G.S. 14‑43.13(e) is repealed.
SECTION 6. G.S. 14‑208.6(5) reads as rewritten:
"(5) "Sexually violent offense" means a violation of G.S. 14‑27.2 (first degree rape), G.S. 14‑27.2A (rape of a child; adult offender), G.S. 14‑27.3 (second degree rape), G.S. 14‑27.4 (first degree sexual offense), G.S. 14‑27.4A (sex offense with a child; adult offender), G.S. 14‑27.5 (second degree sexual offense), G.S. 14‑27.5A (sexual battery), former G.S. 14‑27.6 (attempted rape or sexual offense), G.S. 14‑27.7 (intercourse and sexual offense with certain victims), G.S. 14‑27.7A(a)(statutory rape or sexual offense of person who is 13‑, 14‑, or 15‑years‑old where the defendant is at least six years older), G.S. 14‑43.11 (human trafficking) if (i) the offense is committed against a minor who is less than 18 years of age or (ii) the offense is committed against an adult with the intent that the person be held in sexual servitude, G.S. 14‑43.13 (subjecting or maintaining a person for sexual servitude), G.S. 14‑178 (incest between near relatives), G.S. 14‑190.6 (employing or permitting minor to assist in offenses against public morality and decency), G.S. 14‑190.9(a1)(felonious indecent exposure), G.S. 14‑190.16 (first degree sexual exploitation of a minor), G.S. 14‑190.17 (second degree sexual exploitation of a minor), G.S. 14‑190.17A (third degree sexual exploitation of a minor), G.S. 14‑190.18 (promoting prostitution of a minor), G.S. 14‑190.19 (participating in the prostitution of a minor), G.S. 14‑202.1 (taking indecent liberties with children), G.S. 14‑202.3 (Solicitation of child by computer or certain other electronic devices to commit an unlawful sex act), G.S. 14‑202.4(a)(taking indecent liberties with a student), G.S. 14‑318.4(a1)(parent or caretaker commit or permit act of prostitution with or by a juvenile), or G.S. 14‑318.4(a2)(commission or allowing of sexual act upon a juvenile by parent or guardian). The term also includes the following: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses."
SECTION 7. G.S. 14‑208.6(1m) reads as rewritten:
"(1m) "Offense against a minor" means any of the following offenses if the offense is committed against a minor, and the person committing the offense is not the minor's parent: G.S. 14‑39 (kidnapping), G.S. 14‑41 (abduction of children), and G.S. 14‑43.3 (felonious restraint). The term also includes the following if the person convicted of the following is not the minor's parent: a solicitation or conspiracy to commit any of these offenses; aiding and abetting any of these offenses. The term also includes an offense under G.S. 14‑43.14 (sale, surrender, or purchase of a minor) that is committed by any person without regard as to whether the person is the minor's parent."
SECTION 8. This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.
