2019 Tennessee Code
Title 39 - Criminal Offenses
Chapter 13 - Offenses Against Person
Part 3 - Kidnapping and False Imprisonment
§ 39-13-309. Trafficking for commercial sex act.
(a) A person commits the offense of trafficking a person for a commercial sex act who:
(1) Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act;
(2) Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or
(3) Commits the acts in this subsection (a) when the intended victim of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
(b) For purposes of subdivision (a)(2), such means may include, but are not limited to:
(1) Causing or threatening to cause physical harm to the person;
(2) Physically restraining or threatening to physically restrain the person;
(3) Abusing or threatening to abuse the law or legal process;
(4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
(5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or
(6) Facilitating or controlling a person's access to a controlled substance.
(c) A violation of subsection (a) is a Class B felony, except where the victim of the offense is a child under fifteen (15) years of age, or where the offense occurs on the grounds or facilities or within one thousand feet (1,000′) of a public or private school, secondary school, preschool, child care agency, public library, recreational center, or public park, a violation of subsection (a) is a Class A felony.
(d) It is not a defense to a violation of this section that:
(1) The intended victim of the offense is a law enforcement officer;
(2) The victim of the offense is a minor who consented to the act or acts constituting the offense; or
(3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense.
