(a) As used in this part, unless the context otherwise indicates:

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Terms Used In Tennessee Code 39-13-314

  • Commercial sex act: means :
    (A) Any sexually explicit conduct for which anything of value is directly or indirectly given, promised to or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age. See Tennessee Code 39-13-301
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
  • Forced labor or services: means labor or services that are performed or provided by another person and are obtained or maintained through the defendant's:
    (A) Causing or threatening to cause serious harm to any person. See Tennessee Code 39-13-301
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Human trafficking offense: means the commission of any act that constitutes the criminal offense of:
    (A) Involuntary labor servitude, under §. See Tennessee Code 39-13-314
  • Labor: means work of economic or financial value. See Tennessee Code 39-13-301
  • Obtain: means , in relation to labor or services, to secure performance of labor or services. See Tennessee Code 39-13-301
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Services: means an ongoing relationship between a person and the defendant in which the person performs activities under the supervision of or for the defendant. See Tennessee Code 39-13-301
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trafficked person: means a victim of a human trafficking offense. See Tennessee Code 39-13-314
  • Victim advocate: work with prosecutors and assist the victims of a crime.
(1) “Human trafficking offense” means the commission of any act that constitutes the criminal offense of:

(A) Involuntary labor servitude, under § 39-13-307;
(B) Trafficking persons for forced labor or services, under § 39-13-308;
(C) Trafficking for commercial sex act, under § 39-13-309;
(D) Patronizing prostitution, under § 39-13-514(b)(3)(A); or
(E) Promoting prostitution, under § 39-13-515(c); and
(2) “Trafficked person” means a victim of a human trafficking offense.
(b)

(1) 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.
(2) A prevailing plaintiff is entitled to an award of attorney’s fees and costs.
(c) 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:

(1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court’s discretion;
(2) Costs of necessary transportation, temporary housing, and child care, at the court’s discretion;
(3) Attorney’s fees and other court-related costs such as victim advocate fees;
(4) The greater of:

(A) 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
(B) 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;
(5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair;
(6) Compensation for emotional distress, pain, and suffering;
(7)

(A) 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;
(B) 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;
(8) Repatriation of the victim to the victim’s home country, if applicable; and
(9) Any and all other losses suffered by the victim as a result of human trafficking offenses.
(d)

(1) 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.
(2) 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.
(e) A person named in this section may not receive any funds from restitution if such person engaged in violations of a human trafficking offense.
(f) A person who is convicted of a human trafficking offense is required, if eligible, to obtain a valid driver license or photo identification license that has been properly designated by the department of safety pursuant to § 55-50-353(b).
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