§ 131. Short title

This chapter may be cited as the Virgin Islands Uniform Prevention of and Remedies for Human Trafficking Act.

§ 133. Trafficking an individual

(a) A person commits the offense of trafficking an individual if the person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of: (1) forced labor in violation of section 134; or (2) sexual servitude in violation of section 135. (b) Trafficking an individual who is an adult […]

§ 134. Forced labor

(a) A person commits the offense of forced labor if the person knowingly uses coercion to compel an individual to provide labor or services, except when such conduct is permissible under federal law or law of the Virgin Islands other than this chapter. (b) Forced labor of an individual who is an adult is a […]

§ 135. Sexual servitude

(a) A person commits the offense of sexual servitude if the person knowingly: (1) maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activities; or (2) uses coercion or deception to compel an adult to engage in commercial sexual activity. (b) It is not a defense in a […]

§ 136. Patronizing a victim of sexual servitude

(a) A person commits the offense of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that an individual may engage in commercial sexual activity with another individual and the person knows that the other individual is a victim of sexual servitude. […]

§ 137. Patronizing a minor for commercial sexual activity

(a) A person commits the offense of patronizing a minor for commercial sexual activity if: (1) with the intent that an individual engage in commercial sexual activity with a minor, the person gives, agrees to give, or offers to give anything of value to a minor or another person so that the individual may engage […]

§ 138. Business entity liability

(a) A person that is a business entity may be prosecuted for an offense under sections 133 through 137 only if: (1) the entity knowingly engages in conduct that constitutes human trafficking; or (2) an employee or nonemployee agent of the entity engages in conduct that constitutes human trafficking and the conduct is part of […]

§ 139. Aggravating circumstance

(a) An aggravating circumstance during the commission of an offense under section 133, 134, or 135 occurs when the defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the homeless. (b) If the trier […]

§ 140. Restitution

(a) The court shall order a person convicted of an offense under section 133, 134, or 135 to pay restitution to the victim of the offense for: (1) expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney’s fees and costs; and (2) an amount […]

§ 141. Forfeiture

(a) On motion, the court shall order a person convicted of an offense under section 133, 134, or 135 to forfeit any interest in real or personal property that: (1) was used or intended to be used to commit or facilitate the commission of the offense; or (2) constitutes proceeds or was derived from proceeds […]

§ 142. Victim confidentiality

In an investigation of or a prosecution for an offense under this chapter, law-enforcement officers and the Attorney General’s Office shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is: (1) necessary for the purpose of investigation or prosecution; […]

§ 143. Past sexual behavior of victim

In a prosecution for an offense under this chapter or a civil action under section 147, evidence of a specific instance of the alleged victim’s past sexual behavior, or reputation, or opinion evidence of past sexual behavior of the alleged victim is not admissible unless the evidence offered pursuant to Virgin Islands Rule of Evidence […]

§ 144. Immunity of minor

(a) An individual is not criminally liable or subject to a juvenile-delinquency proceeding for prostitution or other nonviolent crimes if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim. (b) An individual who has engaged in commercial sexual activity is not […]

§ 145. Affirmative defense of victim

An individual charged with prostitution or other nonviolent offenses committed as a direct result of being a victim may assert an affirmative defense that the individual is a victim.

§ 146. Motion to vacate and expunge conviction

(a) An individual convicted of prostitution or other nonviolent offenses committed as a direct result of being a victim may apply by motion to the Superior Court to vacate the conviction and expunge the record of conviction. The court may grant the motion on a finding that the individual’s participation in the offense was a […]

§ 147. Civil action

(a) A victim may bring a civil action against a person that commits an offense against the victim under section 133, 134, or 135 for compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. (b) If a victim prevails in an action under this section, the court shall award the victim reasonable attorney’s […]

§ 148. Council on Human Trafficking

(a) The Council on Human Trafficking is established in the Virgin Islands Department of Justice. The Governor shall appoint the chair and members of the Council. Members must include representatives of: (1) the Department of Justice, Office of the Attorney General, the Department of Human Services, the Virgin Islands Law Enforcement Planning Commission, the Virgin […]

§ 149. Display of public awareness sign; penalty for failure to display

(a) The Department of Justice shall cause to be displayed a public-awareness sign that contains the Virgin Islands and the National Human Trafficking Resource Center hotline information in every airport, marine transportation terminal facility rest area, and visitors center in the Territory, which are open to the public. (b) An employer shall display the public-awareness […]

§ 150. Eligibility for benefit or services

(a) A victim is eligible for a benefit or service available through the Criminal Victims Compensation Commission and other agencies identified in the plan developed under section 148(d)(1), regardless of immigration status. (b) A minor who has engaged in commercial sexual activity is eligible for a benefit or service available through the Department of Human […]

§ 151. Law enforcement protocol

(a) On request from an individual, who the Attorney General reasonably believes is a victim who is or has been subjected to a severe form of trafficking or criminal offense required for the individual to qualify for a nonimmigrant T or U visa under 8 U.S.C. section 1101(a)(15)(T) or 8 U.S.C. section 1101(a)(15)(U), or for […]