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§ 3-1102. Sex trafficking

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2019

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 11. Human Trafficking (Refs & Annos)
Effective: October 1, 2019
MD Code, Criminal Law, § 3-1102
Formerly cited as MD CRIM LAW § 11-303Formerly cited as MD CODE Art. 27, § 428
§ 3-1102. Sex trafficking
Prohibited
(a)(1) A person may not knowingly:
(i) take or cause another to be taken to any place for prostitution;
(ii) place, cause to be placed, or harbor another in any place for prostitution;
(iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution;
(iv) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation;
(v) engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm; or
(vi) destroy, conceal, remove, confiscate, or possess an actual or purported passport, immigration document, or government identification document of another while otherwise violating or attempting to violate this subsection.
(2) A parent, guardian, or person who has permanent or temporary care or custody or responsibility for supervision of another may not consent to the taking or detention of the other for prostitution.
Minor status of victim; use of force, threat, coercion, or fraud
(b)(1) A person may not violate subsection (a) of this section involving a victim who is a minor.
(2) A person may not violate subsection (a) of this section with the use of or intent to use force, threat, coercion, or fraud.
Penalty
(c)(1)(i) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the misdemeanor of sex trafficking and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
(ii) A person who violates subsection (a) of this section is subject to § 5-106(b) of the Courts Article.
(2) A person who violates subsection (b) of this section is guilty of the felony of sex trafficking and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both.
Venue
(d) A person who violates this section may be charged, tried, and sentenced in any county in or through which the person transported or attempted to transport the other.
Persons who benefit from participation or aiders or abettors to violations
(e)(1) A person who knowingly benefits financially or by receiving anything of value from participation in a venture that includes an act described in subsection (a) or (b) of this section is subject to the same penalties that would apply if the person had violated that subsection.
(2) A person who knowingly aids, abets, or conspires with one or more other persons to violate any subsection of this section is subject to the same penalties that apply for a violation of that subsection.
Ignorance of age of victim not a defense
(f) It is not a defense to a prosecution under subsection (b)(1) or (e) of this section that the person did not know the age of the victim.

Credits

Added as Criminal Law § 11-303 by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2007, c. 340, § 1, eff. Oct. 1, 2007; Acts 2007, c. 341, § 1, eff. Oct. 1, 2007; Acts 2009, c. 143, § 1, eff. Oct. 1, 2009; Acts 2010, c. 529, § 1, eff. Oct. 1, 2010; Acts 2010, c. 530, § 1, eff. Oct. 1, 2010; Acts 2011, c. 218, § 1, eff. Oct. 1, 2011; Acts 2013, c. 653, § 1, eff. Oct. 1, 2013. Renumbered as Criminal Law § 3-1102 by Acts 2019, c. 21, § 1, eff. Oct. 1, 2019; Acts 2019, c. 22, § 1, eff. Oct. 1, 2019. Amended by Acts 2019, c. 21, § 2, eff. Oct. 1, 2019; Acts 2019, c. 22, § 2, eff. Oct. 1, 2019.
MD Code, Criminal Law, § 3-1102, MD CRIM LAW § 3-1102
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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