OUJI-CR 4-113C

HUMAN TRAFFICKING OF A MINOR FOR COMMERCIAL SEX - ELEMENTS

No person may be convicted of human trafficking of a minor for commercial sex unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, knowingly;

Second, recruiting/enticing/harboring/maintaining/transporting/ providing/purchasing/obtaining a minor;

Third, for the purpose of engaging the minor in an act of commercial sex.

A minor is a person under the age of eighteen.

OR

First, knowingly;

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/purchasing/obtaining a minor;

Fifth, for the purpose of engaging the minor in an act of commercial sex.

A minor is a person under the age of eighteen.

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Statutory Authority: 21 O.S. Supp. 2014, § 748(A) (6)(b), (c), (A)(8).

Notes on Use

For definitions of coercion, commercial sex, 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.

Committee Comments

"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.

(2014 Supp.)