28-830. Human trafficking; forced labor or services; terms, defined.
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/ne/chapter-28/28-830A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of sections 28-830 and 28-831 , the following definitions apply:
(1)Actor means a person who solicits, procures, or supervises the services or labor of another person;
(2)Commercial sexual activity means any sex act on account of which anything of value is given, promised to, or received by any person;
(3)Debt bondage means inducing another person to provide:
(a)Commercial sexual activity in payment toward or satisfaction of a real or purported debt; or
(b)Labor or services in payment toward or satisfaction of a real or purported debt if:
(i)The reasonable value of the labor or services is not applied toward the liquidation of the debt; or
(ii)The length of the labor or services is not limited and the nature of the labor or services is not defined;
(4)Financial harm means theft by extortion as described by section 28-513 ;
(5)Forced labor or services means labor or services that are performed or provided by another person and are obtained or maintained through:
(a)Inflicting or threatening to inflict serious personal injury, as defined by section 28-318 , on another person;
(b)Physically restraining or threatening to physically restrain the other person;
(c)Abusing or threatening to abuse the legal process against another person to cause arrest or deportation for violation of federal immigration law;
(d)Controlling or threatening to control another person's access to a controlled substance listed in Schedule I, II or III of section 28-405 ;
(e)Exploiting another person's substantial functional impairment as defined in section 28-368 or substantial mental impairment as defined in section 28-369 ;
(f)Knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document or any other actual or purported government identification document of the other person; or
(g)Causing or threatening to cause financial harm to another person, including debt bondage;
(6)Labor or services means work or activity of economic or financial value;
(7)Labor trafficking means knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means or attempting to recruit, entice, harbor, transport, provide, or obtain by any means a person eighteen years of age or older intending or knowing that the person will be subjected to forced labor or services;
(8)Labor trafficking of a minor means knowingly recruiting, enticing, harboring, transporting, providing, or obtaining by any means or attempting to recruit, entice, harbor, transport, provide, or obtain by any means a minor intending or knowing that the minor will be subjected to forced labor or services;
(9)Maintain means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement by the other person to perform such type of service;
(10)Minor means a person younger than eighteen years of age;
(11)Sex trafficking means knowingly recruiting, enticing, harboring, transporting, providing, soliciting, or obtaining by any means or knowingly attempting to recruit, entice, harbor, transport, provide, solicit, or obtain by any means a person eighteen years of age or older for the purpose of having such person engage without consent, as defined in section 28-318 , in commercial sexual activity, sexually explicit performance, or the production of pornography or to cause or attempt to cause a person eighteen years of age or older to engage without consent, as defined in section 28-318 , in commercial sexual activity, sexually explicit performance, or the production of pornography;
(12)Sex trafficking of a minor means knowingly recruiting, enticing, harboring, transporting, providing, soliciting, or obtaining by any means or knowingly attempting to recruit, entice, harbor, transport, provide, solicit, or obtain by any means a minor for the purpose of having such minor engage in commercial sexual activity, sexually explicit performance, or the production of pornography or to cause or attempt to cause a minor to engage in commercial sexual activity, sexually explicit performance, or the production of pornography;
(13)Sexually explicit performance means a live or public play, dance, show, or other exhibition intended to arouse or gratify sexual desire or to appeal to prurient interests; and
(14)Trafficking victim means a person subjected to any act or acts prohibited by section 28-831 .