A person commits the crime of human trafficking
if he :
holds, recruits, lures, entices, harbors,transports,
provides or obtains, by any means, another,
to engage in sexual activity as defined in paragraph
(2) of subsection a. of N.J.S.2C:34-1 or to
provide labor or services:
threats of serious bodily harm or physical restraint
against the person or any other person;
means of any scheme, plan or pattern intended
to cause the person to believe that the person
or any other person would suffer serious bodily
harm or physical restraint;
committing a violation of N.J.S.2C:13-5 against
the person; or
destroying, concealing, removing, confiscating,
or possessing any passport, immigration-related
document as defined in section 1 of P.L.1997,
c.1 (C.2C:21-31), or other document issued by
a governmental agency to any person which could
be used as aidentifying information; or
of verifying the person's identity or age or
any other personal (e)by means of the abuse
or threatened abuse of the law or legal process;
anything of value from participation as an organizer,
supervisor, financier or manager in a scheme
or course of conduct which violates paragraph
(1) of this subsection.
offense under this section constitutes a crime
of the first degree.
is an affirmative defense to prosecution for
a violation of this section that, during the
time of the alleged commission of the offense
of human trafficking created by this section,
the defendant was a victim of human trafficking.
the provisions of N.J.S.2C:43-6, the term of
imprisonment imposed for a crime of the first
degree under paragraph (2) of subsection a.
shall be either a term of 20 years during which
the actor shall not be eligible for parole,
or a specific term between 20 years and life
imprisonment, of which the actor shall serve
20 years before being eligible for parole.
addition to any other disposition authorized
by law, any person who violates the provisions
of this section shall be sentenced to make restitution
to any victim. The court shall award to the
victim restitution which is the greater of:
gross income or value to the defendant of the
victim's labor or services; or
value of the victim's labor or services as determined
by the "New Jersey Prevailing Wage Act,"
P.L.1963, c.150 (C.34:11-56.25 et seq.), the
"New Jersey State Wage and Hour Law,"
P.L.1966, c.113 (C.34:11-56a et seq.), the Seasonal
Farm Labor Act, P.L.1945, c.71 (C.34:9A-1 et
seq.), the laws concerning the regulation of
child labor in chapter 2 of Title 34 of the
Revised Statutes, or any other applicable State
law, and the "Fair Labor Standards Act
of 1938," 29 U.S.C. s.201 et seq. or any
other applicable federal law.