HUMAN TRAFFICKING FOR LABOR - ELEMENTS
No person may be convicted of human trafficking for labor unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, recruiting/enticing/harboring/maintaining/transporting/ providing/obtaining another/other person(s);
Third, through deception/force/fraud/threat/coercion;
Fourth, for the purpose of engaging that/those person(s) in labor.
Second, benefiting (financially/(by receiving anything of value));
Third, from participating in a venture that has engaged in;
Fourth, recruiting/enticing/harboring/maintaining/transporting/ providing/obtaining another/other person(s);
Fifth, through deception/force/fraud/threat/coercion;
Sixth, for the purpose of engaging that/those person(s) in labor.
Statutory Authority: 21 O.S. Supp. 2014, § 748(A)(5).
Notes on Use
For definitions of coercion and legal process, see OUJI-CR 4-114D, infra. For an instruction on an affirmative defense of a victim of human trafficking to other crimes, see OUJI-CR 8-61, infra.
"Human trafficking" is defined at 21 O.S. Supp. 2014, § 748(A)(4) as a form of modern day slavery that includes, but is not limited to, extreme exploitation and denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's commercial sex act or labor. The term "not limited to" in the definition appears to contemplate a form of human trafficking in addition to that done for purposes of commercial sex or labor, but the statute does not provide guidance as to human trafficking for other purposes. Accordingly, the Committee has not attempted to draft an instruction that would cover human trafficking for other purposes.
The text of § 748(A)(5)(a) has an "or" between "deception, force, fraud, threat or coercion" and "for purposes of engaging the person in labor." The Committee decided that this "or" should be omitted from the text of the Instruction in order to require that human trafficking for labor must involve deception, force, fraud, threat or coercion. Compare the parallel language of § 748(A)(6)(a), where "or" is not present.