North Carolina § 14-43 - 10. Definitions.

§ 14-43. 10. Definitions.

Definitions. - The following definitions apply in this Article: Coercion. - The term includes all of the following: Causing or threatening to cause bodily harm to any person, physically restraining or confining any person, or threatening to physically restrain or confine any person. Exposing or threatening to expose any fact or information that if revealed would tend to subject a person to criminal or immigration proceedings, hatred, contempt, or ridicule. 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 any person. Providing a controlled substance, as defined by G.S. 90-87, to a person. Deception. - The term includes all of the following: Creating or confirming another's impression of an existing fact or past event that is false and which the accused knows or believes to be false. Maintaining the status or condition of a person arising from a pledge by that person of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of such debt. Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed. Involuntary servitude. - The term includes the following: The performance of labor, whether or not for compensation, or whether or not for the satisfaction of a debt; and By deception, coercion, or intimidation using violence or the threat of violence or by any other means of coercion or intimidation. Minor. - A person who is less than 18 years of age. Sexual servitude. - The term includes the following: Any sexual activity as defined in G.S. 14-190.13 for which anything of value is directly or indirectly given, promised to, or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years; or Any sexual activity as defined in G.S. 14-190.13 that is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under the age of 18 years. Victim. - Unless the context requires otherwise, a person subjected to the practices set forth in G.S. 14-43.11, 14-43.12, or 14-43.13. Reserved. History (2006-247, s. 20(b); 2018-75, s. 1; 2018-145, s. 11(e).) Cross References. - As to North Carolina Human Trafficking Commission, see G.S. 7A-354 . Editor's Note. - Session Laws 2006-247, s. 20(b), enacted this section as G.S. 14-43.4 . It was recodified as this section at the direction of the Revisor of Statutes. Session Laws 2006-247, s. 1(a) provides: "This act shall be known as 'An Act to Protect North Carolina's Children/Sex Offender Law Changes.'" Session Laws 2006-247, s. 22, makes this article effective December 1, 2006, and applicable to offenses committed on or after that date, and provides, in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2018-75, s. 8(a), (b), provides: "(a) Study. - The North Carolina Human Trafficking Commission, in consultation with the Conference of District Attorneys and the Office of Indigent Defense Services, shall study the human trafficking offenses set forth in Article 10A of Chapter 14 of the General Statutes. At a minimum, the study shall consider (i) the appropriate level of sentencing for each offense, (ii) whether any revisions to the sentencing levels would reduce human trafficking, and (iii) the effects of expanding the eligibility of any post-conviction relief to human trafficking victims. "(b) Report. - The North Carolina Human Trafficking Commission shall submit its findings from the study required under subsection (a) of this section, including any legislative recommendations, to the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2019." Session Laws 2018-75, s. 9, is a severability clause. Session Laws 2018-75, s. 10, as amended by Session Laws 2018-145, s. 11(e), made subdivision (a)(6), as added by Session Laws 2018-75, s. 1, effective December 1, 2018, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2018-75, s. 1, as amended by Session Laws 2018-145, s. 11(e), added subdivision (a)(6). For effective date and applicability, see editor's note. Legal Periodicals. - For article, "Moving Upstream: The Merits of a Public Health Law Approach to Human Trafficking," 89 N.C.L. Rev. 447 (2011). For comment, "Employment and Diversity-Based Visas: Why Birthright Citizenship Is Not All That Is Wrong with America's Immigration System," see 39 Campbell L. Rev. 413 (2017). For article, "Fighting Human Trafficking Today: Moral Panics, Zombie Data, and the Seduction of Rescue," see 52 Wake Forest L. Rev. 477 (2017). For article, "Attacking Human Trafficking through Legislative Change," see 52 Wake Forest L. Rev. 457 (2017). For article, "Criminalizing Buyers under Child Sex Trafficking Laws as a Critical Protection for Child Victims," see 52 Wake Forest L. Rev. 435 (2017). For article, "Meeting the Legal Needs of Human Trafficking Survivors," see 52 Wake Forest L. Rev. 379 (2017). For article, "Federal Human Trafficking Review: An Analysis & Recommendations from the 2016 Legal Developments," see 52 Wake Forest L. Rev. 293 (2017).