2014 New Hampshire Revised Statutes
Title LXII - CRIMINAL CODE
Chapter 633 - INTERFERENCE WITH FREEDOM
Section 633:7 - Trafficking in Persons.

NH Rev Stat § 633:7 (2014) What's This?


[RSA 633:7 effective until October 23, 2014; see also RSA 633:7 set out below.]
    633:7 Trafficking in Persons. –
    I. (a) It is a class A felony to knowingly subject a person to involuntary servitude, where the compulsion is accomplished by any of the following means:
          (1) Causing or threatening to cause serious harm to any person.
          (2) Confining the person unlawfully as defined in RSA 633:2, II, or threatening to so confine the person.
          (3) Abusing legal process or threatening to bring legal action against the person relating to the person's legal status or potential criminal liability.
          (4) Destroying, concealing, removing, confiscating, or otherwise making unavailable to that person any actual or purported passport or other immigration document, or any other actual or purported government identification document.
          (5) Threatening to commit a crime against the person.
          (6) False promise relating to the terms and conditions of employment, education, marriage, or financial support.
          (7) Threatening to reveal any information sought to be kept concealed by the person which relates to the person's legal status or which would expose the person to criminal liability.
          (8) Facilitating or controlling the person's access to an addictive controlled substance.
          (9) Engaging in any scheme, plan, or pattern, whether overt or subtle, intended to cause the person to believe that, if he or she did not perform such labor, services, commercial sex acts, or sexually explicit performances, that such person or any person would suffer serious harm or physical restraint.
          (10) Withholding or threatening to withhold food or medication that the actor has an obligation or has promised to provide to the person.
          (11) Coercing a person to engage in any of the foregoing acts by requiring such in satisfaction of a debt owed to the actor.
       (b) The means listed in subparagraphs (a)(4), (a)(10), and (a)(11) are not intended to criminalize the actions of a parent or guardian who requires his or her child to perform common household chores under threat of typical parental discipline.
       (c) Notwithstanding RSA 651:2, a person convicted of an offense under subparagraph I(a) involving a commercial sex act or sexually explicit performance by a victim under the age of 18 shall be subject to a minimum term of not more than 10 years and a maximum term of not more than 30 years.
    II. It is a class A felony to recruit, harbor, transport, provide, obtain, or otherwise make available a person, knowing or believing it likely that the person will be subjected to trafficking as defined in paragraph I. Notwithstanding RSA 651:2, a person convicted of an offense under this paragraph involving a victim under the age of 18 shall be subject to a minimum term of not more than 10 years and a maximum to be fixed by the court, if the offender knew or believed it likely that the victim would be coerced into engaging in a commercial sex act or sexually explicit performance.
    III. Evidence of a trafficking victim's personal sexual history or history of commercial sexual activity shall not be admissible at trial.

Source. 2009, 211:1, eff. Jan. 1, 2010.


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