Oklahoma § 21-748.2 - Guidelines for treatment of human trafficking victims –

§ 21-748.2. Guidelines for treatment of human trafficking victims –

Right to civil action – Notice of rights – Protective custody.

A. Human trafficking victims shall:

1. Be housed in an appropriate shelter as soon as practicable;

2. Not be detained in facilities inappropriate to their status

as crime victims;

3. Not be jailed, fined, or otherwise penalized due to having

been trafficked;

4. Receive prompt medical care, mental health care, including

counseling services and rehabilitation services, food, resources for

safe housing, and other assistance, as necessary;

5. Have access to legal assistance, information about their

rights, and translation services, as necessary;

6. Be provided protection if the safety of the victim is at

risk or if there is a danger of additional harm by recapture of the

victim by a trafficker, including:

a.

taking measures to protect trafficked persons and

their family members from intimidation and threats of

reprisals, and

b.

ensuring that the names and identifying information of

trafficked persons and their family members are not

disclosed to the public;

Oklahoma Statutes - Title 21. Crimes and Punishments

7. Be treated with fairness and respect for the safety,

dignity, and privacy of the victim and treated as a true crime

victim rather than a defendant in a criminal case;

8. Be informed of financial assistance and other social

services as a result of being a human trafficking victim; and

9. Be informed in writing of all constitutional and statutory

rights, as provided for in the provisions of the Oklahoma Victim's

Rights Act.

B. Any person aggrieved by a violation of subsection B of

Section 748 of this title may bring a civil action against the

person or persons who committed the violation to recover actual and

punitive damages and reasonable attorney fees and costs. The civil

action brought under this section may be instituted in the district

court in this state in the county in which the prospective defendant

resides or has committed any act which subjects him or her to

liability under this section. A criminal case or prosecution is not

a necessary precedent to the civil action. The statute of

limitations for the cause of action shall not commence until the

latter of the victim's emancipation from the defendant, the victim's

twenty-first birthday, or the plaintiff discovers or reasonably

should have discovered that he or she was a victim of human

trafficking and that the defendant caused, was responsible for or

profited from the human trafficking.

C. Upon availability of funds, the Attorney General is

authorized to establish an emergency hotline number for victims of

human trafficking to call in order to request assistance or rescue.

The Attorney General is authorized to enter into agreements with the

county departments of health to require posting of the rights

contained in this section along with the hotline number for

publication in locations as directed by the State Department of

Health.

D. Any peace officer who comes in contact with a human

trafficking victim shall inform the victim of the human trafficking

emergency hotline number and give notice to the victim of certain

rights. The notice shall consist of handing the victim a written

statement of the rights provided for in subsection A of this

section.

E. 1. Any peace officer or employee of a district court,

juvenile bureau or Office of Juvenile Affairs who has reasonable

suspicion that a minor may be a victim of human trafficking and is

in need of immediate protection shall assume protective custody over

the minor and immediately notify the Department of Human Services.

The minor shall be transferred to the emergency custody of the

Department pursuant to the provisions of Section 1-4-201 of Title

10A of the Oklahoma Statutes. While in custody of the Department,

the minor shall be provided with any necessary emergency social

Oklahoma Statutes - Title 21. Crimes and Punishments

services which include, but shall not be limited to, medical

examination or treatment, or a mental health assessment.

Law enforcement and the Department of Human Services shall

conduct a joint investigation into the claim.

The minor shall remain in the custody of the Department of Human

Services until the investigation has been completed, but for no

longer than two (2) judicial days, for the show-cause hearing. The

Department may release the minor to the custody of a parent or legal

guardian if it determines the minor will not be subject to further

exploitation. If no such determination is made, the minor shall be

subject to the deprived child provisions of the Oklahoma Children's

Code and made eligible for appropriate child welfare services.

2. The minor shall not be subject to juvenile delinquency

proceedings or child-in-need-of-supervision proceedings for

prostitution offenses or misdemeanor or nonviolent felony offenses

committed as a result of being a victim of human trafficking.

Added by Laws 2008, c. 134, § 2. Amended by Laws 2010, c. 325, § 2,

emerg. eff. June 5, 2010; Laws 2011, c. 1, § 11, emerg. eff. March

18, 2011; Laws 2013, c. 59, § 1, eff. Nov. 1, 2013; Laws 2014, c.

309, § 2, eff. Nov. 1, 2014; Laws 2018, c. 167, § 1, eff. Nov. 1,

2018; Laws 2022, c. 20, § 2, eff. Nov. 1, 2022; Laws 2025, c. 291, §

4, eff. Nov. 1, 2025.

NOTE: Laws 2010, c. 409, § 3 repealed by Laws 2011, c. 1, § 12,

emerg. eff. March 18, 2011.