Tennessee § 39-13-314 - Offense of human trafficking.

§ 39-13-314. Offense of human trafficking.

As used in this part, unless the context otherwise indicates: “Human trafficking offense” means the commission of any act that constitutes the criminal offense of: Involuntary labor servitude, under § 39-13-307; Trafficking persons for forced labor or services, under § 39-13-308; Trafficking for commercial sex act, under § 39-13-309; or Promoting the prostitution of a minor, under § 39-13-512; and “Trafficked person” means a victim of a human trafficking offense. A trafficked person may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. A prevailing plaintiff is entitled to an award of attorney's fees and costs. Restitution under this section shall include items covered by the criminal injuries compensation fund under § 40-24-107 and any of the following, if not already covered by the court's restitution order: Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion; Costs of necessary transportation, temporary housing, and child care, at the court's discretion; Attorney's fees and other court-related costs such as victim advocate fees; The greater of: The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (compiled in 29 U.S.C. § 201 et seq.), or state equivalent; or The gross income or value to the defendant of the victim's labor or services or of any commercial sex acts engaged in by the victim while in the human trafficking situation; Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair; Compensation for emotional distress, pain, and suffering; Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; Expenses incurred pursuant to subdivision (c)(7)(A) shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; Repatriation of the victim to the victim's home country, if applicable; and Any and all other losses suffered by the victim as a result of human trafficking offenses. A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased. If the trafficked person dies as a result of a human trafficking offense, a surviving spouse of the trafficked person is eligible for restitution. If no surviving spouse exists, restitution shall be paid to the trafficked person's issue or their descendants per stirpes. If no surviving spouse, issue, or descendants exist, restitution shall be paid to the trafficked person's estate. A person named in this section may not receive any funds from restitution if such person engaged in violations of a human trafficking offense. Acts 2012, ch. 613, § 1. Code Commission Notes. Acts 2012, ch. 1075, § 3 purported to enact a new section § 39-13-314 . Section 39-13-314 was previously enacted by Acts 2012, ch. 613, § 1; therefore, the enactment by Acts 2012, ch. 1075, § 3 was designated as § 39-13-315 by authority of the code commission. Compiler's Notes. Acts 2012, ch. 1075, § 2 rewrote the provisions of § 39-13-309 , referred to in this section, to refer now to trafficking for commercial sex act. Law Reviews. Abolishing Child Sex Trafficking on the Internet: Imposing Criminal Culpability on Digital Facilitators (Ryan Dalton), 43 U. Mem. L. Rev. 1097 (2013). Filling the Gap: Refining Sex Trafficking Legislation to Address the Problem of Pimping, 68 Vand. L. Rev. 961 (2015). Justice for Victims of Human Trafficking and Forced Labor: Why Current Theories of Corporate Liability Do Not Work, 43 U. Mem. L. Rev. 1047 (2013). Modern-Day Slavery: Lawyers Help Fight Human Trafficking In Tennessee, 49 Tenn. B.J. 12 (2013). Pimps Down: A Prosecutorial Perspective on Domestic Sex Trafficking, 43 U. Mem. L. Rev. 1013 (2013). Prosecuting Demand as a Crime of Human Trafficking: The Eighth Circuit Decision in United States v. Jungers, 43 U. Mem. L. Rev. 917 (2013). Two Crimes for the Price of One: The Problem with Kidnapping Statutes in Tennessee and Beyond (Melanie A. Prince), 76 Tenn. L. Rev. 789 (2009). Using Commercial Driver Licensing Authority to Combat Human Trafficking Related Crimes on America's Highways, 43 U. Mem. L. Rev. 969 (2013).