§ 39-13-309 — Trafficking for commercial sex act

Tennessee § 39-13-309

• Jurisdiction: Tennessee
• Title: 39

Text

(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) (1) A violation of subsection (a) is a Class B felony, except as provided in subdivision (c)(2). (2) A violation of subsection (a) is a Class A felony if the victim of the offense is a child more than twelve (12) years of age but less than eighteen (18) years of age. (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; (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense; or (4) The person charged was ignorant or mistaken as to the age of a minor. (e) Notwithstanding this section to the contrary, if it is determined after a reasonable detention for investigative purposes that a victim of trafficking for a commercial sex act under this section is under eighteen (18) years of age, then that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody as a suspected victim under this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or guardian. (f) It is a defense to prosecution under this section, including as an accomplice or co-conspirator, that a minor charged with a violation of this section was so charged for conduct that occurred because the minor is also a victim of an act committed in violation of this section or § 39-13-307 , or because the minor is also a victim as defined by the federal Trafficking Victims Protection Act ( 22 U.S.C. § 7102 ).

Legislative History

Amended by 2022 Tenn. Acts, ch. 1115, s 13, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1115, Secs.s14, s21 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1089, s 4, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 123, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 123, s 1, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 634, s 1, eff. 3/23/2016. Amended by 2013 Tenn. Acts, ch. 465, s 2, eff. 7/1/2013. Acts 2008 , ch. 1140, § 3; 2012, ch. 1075, § 2.