§ 12.1-41-01 — Definitions

North Dakota § 12.1-41-01

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-41: Uniform Act on Prevention of and Remedies for Human Trafficking

Text

In this chapter:
1. "Adult" means an individual eighteen years of age or older.
2. "Coercion" means:
a. The use or threat of force against, abduction of, serious harm to, or physical
restraint of, an individual;
b. The use of a plan, pattern, or statement with intent to cause an individual to
believe that failure to perform an act will result in the use of force against,
abduction of, serious harm to, or physical restraint of, an individual;
c. The abuse or threatened abuse of law or legal process;
d. Controlling or threatening to control an individual's access to a controlled
substance as defined in section 19-03.1-01;
e. The destruction or taking of or the threatened destruction or taking of an
individual's identification document or other property;
f. The use of debt bondage;
g. The use of an individual's physical or mental impairment when the impairment
has a substantial adverse effect on the individual's cognitive or volitional function;
or
h. The commission of civil or criminal fraud.
3. "Commercial sexual activity" means sexual activity for which anything of value is given
to, promised to, or received, by a person.
4. "Debt bondage" means inducing an individual to provide commercial sexual activity in
payment toward or satisfaction of a real or purported debt or inducing an individual to
provide labor or services in payment toward or satisfaction of a real or purported debt
if the reasonable value of the labor or services is not applied toward the liquidation of
the debt or if the length of the labor or services is not limited and the nature of the
labor or services is not defined. The term does not include an effort by a creditor to
collect an enforceable obligation by means that are permitted under state or federal
laws.
5. "Human trafficking" means the commission of an offense created by sections
12.1-41-02 through 12.1-41-06.
6. "Identification document" means a passport, driver's license, immigration document,
travel document, or other government-issued identification document, including a
document issued by a foreign government.
7. "Labor or services" means activity having economic value.
8. "Minor" means an individual less than eighteen years of age.
9. "Serious harm" means harm, whether physical or nonphysical, including psychological,
economic, or reputational, to an individual which would compel a reasonable individual
of the same background and in the same circumstances to perform or continue to
perform labor or services or sexual activity to avoid incurring the harm.
10. "Sexual activity" means "sexual act" as defined in section 12.1-20-02. The term
includes a sexually explicit performance.
11. "State" means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes an Indian tribe or band recognized
by federal law or formally acknowledged by a state.
12. "Victim" means an individual who is subjected to human trafficking or to conduct that
would have constituted human trafficking had this chapter been in effect when the
conduct occurred, regardless of whether a perpetrator is identified, apprehended,
prosecuted, or convicted.