Wisconsin Statutes 940.302 – Human trafficking
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | up to 25 years | up to $100,000 |
| Class F felony | up to 12 years 6 months | up to $25,000 |
Terms Used In Wisconsin Statutes 940.302
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Fraud: Intentional deception resulting in injury to another.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) In this section:
(a) “Commercial sex act” means any of the following for which anything of value is given to, promised, or received, directly or indirectly, by any person:
1. Sexual contact.
2. Sexual intercourse.
3. Except as provided in sub. (2) (c), any of the following:
a. Sexually explicit performance.
b. Any other conduct done for the purpose of sexual humiliation, degradation, arousal, or gratification.
(b) “Debt bondage” means the condition of a debtor arising from the debtor’s pledge of services as a security for debt if the reasonable value of those services is not applied toward repaying the debt or if the length and nature of the services are not defined.
(c) “Services” means activities performed by one individual at the request, under the supervision, or for the benefit of another person.
(d) “Trafficking” means recruiting, enticing, harboring, transporting, providing, or obtaining, or attempting to recruit, entice, harbor, transport, provide, or obtain, an individual.
(2)
(a) Except as provided in s. 948.051, whoever knowingly engages in trafficking is guilty of a Class D felony if all of the following apply:
1. One of the following applies:
a. The trafficking is for the purposes of labor or services.
b. The trafficking is for the purposes of a commercial sex act.
2. The trafficking is done by any of the following:
a. Causing or threatening to cause bodily harm to any individual.
b. Causing or threatening to cause financial harm to any individual.
c. Restraining or threatening to restrain any individual.
d. Violating or threatening to violate a law.
e. Destroying, concealing, removing, confiscating, or possessing, or threatening to destroy, conceal, remove, confiscate, or possess, any actual or purported passport or any other actual or purported official identification document of any individual.
f. Extortion.
g. Fraud or deception.
h. Debt bondage.
i. Controlling or threatening to control any individual’s access to an addictive controlled substance.
j. Using any scheme, pattern, or other means to directly or indirectly coerce, threaten, or intimidate any individual.
k. Using or threatening to use force or violence on any individual.
L. Causing or threatening to cause any individual to do any act against the individual’s will or without the individual’s consent.
(b) Whoever benefits in any manner from a violation of par. (a) is guilty of a Class D felony if the person knows or reasonably should have known that the benefits come from or are derived from an act or scheme described in par. (a).
(c) Whoever knowingly receives compensation from the earnings of debt bondage, a prostitute, or a commercial sex act, as described in sub. (1) (a) 1. and 2., is guilty of a Class F felony.
(3) Any person who incurs an injury or death as a result of a violation of sub. (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.