Section 22-49-4 – Hiring person forced to engage in sexual activity–Felony.
22-49-4. Hiring person forced to engage in sexual activity–Felony. It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in §22-23-1.1, if the person knew or should have known the other person was being forced to engage in […]
Section 22-49-5 – Torture of a human trafficking victim–Felony.
22-49-5. Torture of a human trafficking victim–Felony. A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain […]
Section 22-49-6 – Definition of terms–Torture.
22-49-6. Definition of terms–Torture. Terms used in § 22-49-5 mean: (1)”Cruel,” brutal, inhuman, sadistic, or that which torments; (2)”Serious mental injury,” a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from: (a)The intentional infliction or threatened infliction of serious bodily injury; […]
Section 22-48-2 – Perpetrator’s assumption of risk–Victim immune from liability–Victim’s duty–Exception.
22-48-2. Perpetrator’s assumption of risk–Victim immune from liability–Victim’s duty–Exception. A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in […]
Section 22-48-2.1 – Claim of use of unreasonable force by victim–Hearing to determine reasonable basis for claim.
22-48-2.1. Claim of use of unreasonable force by victim–Hearing to determine reasonable basis for claim. If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on […]
Section 22-48-3 – Proof of assumption of risk.
22-48-3. Proof of assumption of risk. Notwithstanding other evidence that the victim may adduce relating to the perpetrator’s conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is […]
Section 22-48-4 – Court awards.
22-48-4. Court awards. If the perpetrator does not prevail in a claim for relief that is subject to this section, the court may award reasonable expenses, including attorney’s fees and disbursements, to the victim. Source: SL 1998, ch 124, §4.
Section 22-48-5 – Motion for stay of proceedings.
22-48-5. Motion for stay of proceedings. Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged […]
Section 22-49-1 – Human trafficking prohibited.
22-49-1. Human trafficking prohibited. No person may recruit, harbor, transport, provide, receive, purchase, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation […]
Section 22-49-2 – First degree human trafficking–Felony–Attempt against minor.
22-49-2. First degree human trafficking–Felony–Attempt against minor. If a person is guilty of human trafficking under §22-49-1, and the act: (1)Involves committing or attempting to commit kidnapping; (2)Involves a victim under the age of eighteen years; (3)Involves prostitution or procurement for prostitution; or (4)Results in the death of a victim; the person has committed human […]