1. Human trafficking. a. A person commits the crime of human trafficking if he :
(1) knowingly holds, recruits, lures, entices, harbors,transports, provides or obtains, by any means, another, to engage in sexual activity as defined in paragraph (2) of subsection a. of N.J.S.2C:34-1 or to provide labor or services:
(a) by threats of serious bodily harm or physical restraint against the person or any other person;
(b) by means of any scheme, plan or pattern intended to cause the person to believe that the person or any other person would suffer serious bodily harm or physical restraint;
(c) by committing a violation of N.J.S.2C:13-5 against the person; or
(d) by destroying, concealing, removing, confiscating, or possessing any passport, immigration-related document as defined in section 1 of P.L.1997, c.1 (C.2C:21-31), or other document issued by a governmental agency to any person which could be used as a means of verifying the persons identity or age or any other personal identifying information; or
(e) by means of the abuse or threatened abuse of the law or legal process; or
(2) receives anything of value from participation as an organizer, supervisor, financier or manager in a scheme or course of conduct which violates paragraph (1) of this subsection.
b. An offense under this section constitutes a crime of the first degree.
c. It is an affirmative defense to prosecution for a violation of this section that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.
d. Notwithstanding the provisions of N.J.S.2C:43-6, the term of imprisonment imposed for a crime of the first degree under paragraph (2) of subsection a. shall be either a term of 20 years during which the actor shall not be eligible for parole, or a specific term between 20 years and life imprisonment, of which the actor shall serve 20 years before being eligible for parole.
e. In addition to any other disposition authorized by law, any person who violates the provisions of this section shall be sentenced to make restitution to any victim. The court shall award to the victim restitution which is the greater of:
(1) the gross income or value to the defendant of the victims labor or services; or
(2) the value of the victims labor or services as determined by the New Jersey Prevailing Wage Act, P.L.1963, c.150 (C.34:11-56.25 et seq.), the New Jersey State Wage and Hour Law, P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et seq.), the laws concerning the regulation of child labor in chapter 2 of Title 34 of the Revised Statutes, or any other applicable State law, and the Fair Labor Standards Act of 1938, 29 U.S.C. s.201 et seq. or any other applicable federal law.
L.2005, c.77, s.1.
