Oklahoma § 21-748.3 - Victims of Human Trafficking and Prevention Revolving

§ 21-748.3. Victims of Human Trafficking and Prevention Revolving

Fund.

A. There is hereby created in the State Treasury a revolving

fund for the Office of the Attorney General to be designated the

"Victims of Human Trafficking and Prevention Revolving Fund". The

fund shall be a continuing fund, not subject to fiscal year

limitations, and shall consist of all monies received from penalties

imposed by the courts on convictions of human trafficking violations

and funds received from any other source, including legislative

appropriations. All monies accruing to the credit of the fund are

hereby appropriated and may be budgeted and expended by the Office

of the Attorney General for the purposes provided in subsection B of

this section. Expenditures from the fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

B. The purposes of the fund include, but are not limited to:

1. Educating the public about the recruitment, trafficking, and

exploitation of persons through human trafficking;

2. Assisting in the prevention of recruitment in schools of

minors for exploitation;

Oklahoma Statutes - Title 21. Crimes and Punishments

3. Establishing a survivors' resource center to make

information available to survivors of human trafficking about

services and resources, including legal services, social services,

safe harbors, safe houses, and language services;

4. Assisting in the coordination between law enforcement

agencies and service providers; and

5. Providing information concerning a petition for expungement

of a criminal history record resulting from the arrest or filing of

charges for an offense committed or reported to have been committed

while the person was a victim of human trafficking.

Added by Laws 2023, c. 376, § 1, eff. Nov. 1, 2023.

§21-748v1. Human trafficking for forced labor or forced sexual

exploitation.

A. As used in Sections 748 and 748.2 of this title:

1. "Coercion" means compelling, forcing or intimidating a

person to act by:

a.

threats of harm or physical restraint against any

person,

b.

any act, scheme, plan, or pattern intended to cause a

person to believe that performing, or failing to

perform, an act would result in serious physical,

financial, or emotional harm or distress to or

physical restraint against any person,

c.

the abuse or threatened abuse of the law or legal

process,

d.

knowingly destroying, concealing, removing,

confiscating or possessing any actual or purported

passport, labor or immigration document, or other

government identification document, including but not

limited to a driver license or birth certificate, of

another person,

e.

facilitating or controlling a person's access to any

addictive or controlled substance other than for legal

medical purposes,

f.

blackmail,

g.

demanding or claiming money, goods, or any other thing

of value from or on behalf of a prostituted person

where such demand or claim arises from or is directly

related to the act of prostitution,

h.

determining, dictating or setting the times at which

another person will be available to engage in an act

of prostitution with a third party,

i.

determining, dictating or setting the places at which

another person will be available for solicitation of,

or to engage in, an act of prostitution with a third

party, or

Oklahoma Statutes - Title 21. Crimes and Punishments

j.

determining, dictating or setting the places at which

another person will reside for purposes of making such

person available to engage in an act of prostitution

with a third party;

2. "Commercial sex" means any form of commercial sexual

activity such as sexually explicit performances, prostitution,

participation in the production of pornography, performance in a

strip club, or exotic dancing or display;

3. "Debt bondage" means the status or condition of a debtor

arising from a pledge by the debtor of his or her personal services

or of those of a person under his or her control as a security for

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;

4. "Human trafficking" means modern-day slavery that includes,

but is not limited to, extreme exploitation and the denial of

freedom or liberty of an individual for purposes of deriving benefit

from that individual's commercial sex act or labor;

5. "Human trafficking for labor" means:

a.

recruiting, enticing, harboring, maintaining,

transporting, providing or obtaining, by any means,

another person through deception, force, fraud, threat

or coercion or for purposes of engaging the person in

labor, or

b.

benefiting, financially or by receiving anything of

value, from participation in a venture that has

engaged in an act of trafficking for labor;

6. "Human trafficking for commercial sex" means:

a.

recruiting, enticing, harboring, maintaining,

transporting, providing or obtaining, by any means,

another person through deception, force, fraud, threat

or coercion for purposes of engaging the person in a

commercial sex act,

b.

recruiting, enticing, harboring, maintaining,

transporting, providing, purchasing or obtaining, by

any means, a minor for purposes of engaging the minor

in a commercial sex act, or

c.

benefiting, financially or by receiving anything of

value, from participating in a venture that has

engaged in an act of trafficking for commercial sex;

7. "Legal process" means the criminal law, the civil law, or

the regulatory system of the federal government, any state,

territory, district, commonwealth, or trust territory therein, and

any foreign government or subdivision thereof and includes legal

civil actions, criminal actions, and regulatory petitions or

applications;

Oklahoma Statutes - Title 21. Crimes and Punishments

8. "Minor" means an individual under eighteen (18) years of

age; and

9. "Victim" means a person against whom a violation of any

provision of this section has been committed.

B. It shall be unlawful to knowingly engage in human

trafficking.

C. 1. Any person violating the provisions of this section

shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for a

term of not less than five (5) years or for life, or by a fine of

not more than One Hundred Thousand Dollars ($100,000.00), or by both

such fine and imprisonment.

2. Any person violating the provisions of this section where

the victim of the offense is under eighteen (18) years of age at the

time of the offense shall, upon conviction, be guilty of a felony

punishable by imprisonment in the custody of the Department of

Corrections for a term of not less than ten (10) years, for life, or

for life without parole, or by a fine of not more than Two Hundred

Fifty Thousand Dollars ($250,000.00), or by both such fine and

imprisonment.

3. The court shall also order the defendant to pay restitution

to the victim as provided in Section 991f of Title 22 of the

Oklahoma Statutes. In addition, the court shall require the

defendant to pay for a psychological evaluation to determine the

extent of counseling necessary for the human trafficking victim and

any necessary psychological counseling deemed necessary to

rehabilitate the victim. Such evaluations and counseling may be

performed by psychiatrists, psychologists, licensed professional

counselors, or social workers.

4. If the person is convicted of human trafficking, the person

shall serve eighty-five percent (85%) of the sentence before being

eligible for parole consideration or any earned credits. The terms

of imprisonment specified in this subsection shall not be subject to

statutory provisions for suspension, deferral or probation, or state

correctional institution earned credits accruing from and after

November 1, 1989, except for the achievement earned credits

authorized by subsection H of Section 138 of Title 57 of the

Oklahoma Statutes. To qualify for such achievement earned credits,

such inmates must also be in compliance with the standards for Class

level 2 behavior, as defined in subsection D of Section 138 of Title

57 of the Oklahoma Statutes.

D. It is an affirmative defense to prosecution for a criminal,

youthful offender, or delinquent offense that, during the time of

the alleged commission of the offense, the defendant or alleged

youthful offender or delinquent was a victim of human trafficking.

E. The consent of a victim to the activity prohibited by this

section shall not constitute a defense.

Oklahoma Statutes - Title 21. Crimes and Punishments

F. Lack of knowledge of the age of the victim shall not

constitute a defense to the activity prohibited by this section with

respect to human trafficking of a minor.

Added by Laws 2008, c. 134, § 1. Amended by Laws 2010, c. 325, § 1,

emerg. eff. June 5, 2010; Laws 2012, c. 95, § 1, eff. Nov. 1, 2012;

Laws 2014, c. 147, § 2, eff. Nov. 1, 2014; Laws 2014, c. 231, § 2,

eff. Nov. 1, 2014; Laws 2017, c. 69, § 1, eff. Nov. 1, 2017; Laws

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

Nov. 1, 2025.

NOTE: Laws 2014, c. 309, § 1 repealed by Laws 2015, c. 54, § 9,

emerg. eff. April 10, 2015.

§21-748v2. Human trafficking for forced labor or forced sexual

exploitation.

A. As used in Sections 748 and 748.2 of this title:

1. "Coercion" means compelling, forcing or intimidating a

person to act by:

a.

threats of harm or physical restraint against any

person,

b.

any act, scheme, plan, or pattern intended to cause a

person to believe that performing, or failing to

perform, an act would result in serious physical,

financial, or emotional harm or distress to or

physical restraint against any person,

c.

the abuse or threatened abuse of the law or legal

process,

d.

knowingly destroying, concealing, removing,

confiscating or possessing any actual or purported

passport, labor or immigration document, or other

government identification document, including but not

limited to a driver license or birth certificate, of

another person,

e.

facilitating or controlling a person's access to any

addictive or controlled substance other than for legal

medical purposes,

f.

blackmail,

g.

demanding or claiming money, goods, or any other thing

of value from or on behalf of a prostituted person

where such demand or claim arises from or is directly

related to the act of prostitution,

h.

determining, dictating or setting the times at which

another person will be available to engage in an act

of prostitution with a third party,

i.

determining, dictating or setting the places at which

another person will be available for solicitation of,

or to engage in, an act of prostitution with a third

party, or

Oklahoma Statutes - Title 21. Crimes and Punishments

j.

determining, dictating or setting the places at which

another person will reside for purposes of making such

person available to engage in an act of prostitution

with a third party;

2. "Commercial sex" means any form of commercial sexual

activity such as sexually explicit performances, prostitution,

participation in the production of pornography, performance in a

strip club, or exotic dancing or display;

3. "Debt bondage" means the status or condition of a debtor

arising from a pledge by the debtor of his or her personal services

or of those of a person under his or her control as a security for

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;

4. "Human trafficking" means modern-day slavery that includes,

but is not limited to, extreme exploitation and the denial of

freedom or liberty of an individual for purposes of deriving benefit

from that individual's commercial sex act or labor;

5. "Human trafficking for labor" means:

a.

recruiting, enticing, harboring, maintaining,

transporting, providing or obtaining, by any means,

another person through deception, force, fraud, threat

or coercion or for purposes of engaging the person in

labor, or

b.

benefiting, financially or by receiving anything of

value, from participation in a venture that has

engaged in an act of trafficking for labor;

6. "Human trafficking for commercial sex" means:

a.

recruiting, enticing, harboring, maintaining,

transporting, providing or obtaining, by any means,

another person through deception, force, fraud, threat

or coercion for purposes of engaging the person in a

commercial sex act,

b.

recruiting, enticing, harboring, maintaining,

transporting, providing, purchasing or obtaining, by

any means, a minor for purposes of engaging the minor

in a commercial sex act, or

c.

benefiting, financially or by receiving anything of

value, from participating in a venture that has

engaged in an act of trafficking for commercial sex;

7. "Legal process" means the criminal law, the civil law, or

the regulatory system of the federal government, any state,

territory, district, commonwealth, or trust territory therein, and

any foreign government or subdivision thereof and includes legal

civil actions, criminal actions, and regulatory petitions or

applications;

Oklahoma Statutes - Title 21. Crimes and Punishments

8. "Minor" means an individual under eighteen (18) years of

age; and

9. "Victim" means a person against whom a violation of any

provision of this section has been committed.

B. It shall be unlawful to knowingly engage in human

trafficking.

C. Any person violating the provisions of this section shall,

upon conviction, be guilty of a Class A2 felony offense punishable

by imprisonment in the custody of the Department of Corrections for

a term of not less than five (5) years or for life, or by a fine of

not more than One Hundred Thousand Dollars ($100,000.00), or by both

such fine and imprisonment. Any person violating the provisions of

this section where the victim of the offense is under eighteen (18)

years of age at the time of the offense shall, upon conviction, be

guilty of a Class A2 felony offense punishable by imprisonment in

the custody of the Department of Corrections for a term of not less

than fifteen (15) years or for life, or by a fine of not more than

Two Hundred Fifty Thousand Dollars ($250,000.00), or by both such

fine and imprisonment. The court shall also order the defendant to

pay restitution to the victim as provided in Section 991f of Title

22 of the Oklahoma Statutes. If the person is convicted of human

trafficking, the person shall serve eighty-five percent (85%) of the

sentence before being eligible for parole consideration or any

earned credits. The terms of imprisonment specified in this

subsection shall not be subject to statutory provisions for

suspension, deferral or probation, or state correctional institution

earned credits accruing from and after November 1, 1989, except for

the achievement earned credits authorized by subsection H of Section

138 of Title 57 of the Oklahoma Statutes. To qualify for such

achievement earned credits, such inmates must also be in compliance

with the standards for Class level 2 behavior, as defined in

subsection D of Section 138 of Title 57 of the Oklahoma Statutes.

D. It is an affirmative defense to prosecution for a criminal,

youthful offender, or delinquent offense that, during the time of

the alleged commission of the offense, the defendant or alleged

youthful offender or delinquent was a victim of human trafficking.

E. The consent of a victim to the activity prohibited by this

section shall not constitute a defense.

F. Lack of knowledge of the age of the victim shall not

constitute a defense to the activity prohibited by this section with

respect to human trafficking of a minor.

Added by Laws 2008, c. 134, § 1. Amended by Laws 2010, c. 325, § 1,

emerg. eff. June 5, 2010; Laws 2012, c. 95, § 1, eff. Nov. 1, 2012;

Laws 2014, c. 147, § 2, eff. Nov. 1, 2014; Laws 2014, c. 231, § 2,

eff. Nov. 1, 2014; Laws 2017, c. 69, § 1, eff. Nov. 1, 2017; Laws

2022, c. 20, § 1, eff. Nov. 1, 2022; Laws 2025, c. 486, § 20, eff.

Jan. 1, 2026.

Oklahoma Statutes - Title 21. Crimes and Punishments

NOTE: Laws 2014, c. 309, § 1 repealed by Laws 2015, c. 54, § 9,

emerg. eff. April 10, 2015.