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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1320 By: Humphrey
AS INTRODUCED
An Act relating to crimes and punishments; creating
the Child Trafficking Protection Act of 2025;
amending 21 O.S. 2021, Section 748, a s amended by
Section 1, Chapter 20, O.S.L. 2022 (21 O.S. Supp.
2024, Section 748), which relates to human
trafficking; increasing penalties for certain
unlawful act; providing for noncodification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Child
Trafficking Protection Act of 2025 ".
SECTION 2. AMENDATORY 21 O.S. 2021, Section 748, as
amended by Section 1, Chapter 20, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 748), is amended to read as follows:
Section 748. A. As used in Sections 748 and 748.2 of this
title:
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1. "Coercion" means compelling, forcing or intimidating a
person to act by:
a. threats of harm or physical restraint against any
person,
b. any act, scheme, plan, or pattern intended to cause a
person to believe that performing, or failing to
perform, an act would result in serious physical,
financial, or emotional harm or distress to or
physical restraint against any person,
c. the abuse or threatened abuse of the law or legal
process,
d. knowingly destroying, concealing, removing,
confiscating or possessing any actual or purported
passport, labor or immigration document, or ot her
government identification document, including but not
limited to a driver license or birth certificate, of
another person,
e. facilitating or controlling a person 's access to any
addictive or controlled substance other than for legal
medical purposes,
f. blackmail,
g. demanding or claiming money, goods, or any other thing
of value from or on behalf of a prostituted person
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where such demand or claim arises from or is directly
related to the act of prostitution,
h. determining, dictating or setting the ti mes at which
another person will be available to engage in an act
of prostitution with a third party,
i. determining, dictating or setting the places at which
another person will be available for solicitation of,
or to engage in, an act of prostitution with a third
party, or
j. determining, dictating or setting the places at which
another person will reside for purposes of making such
person available to engage in an act of prosti tution
with a third party;
2. "Commercial sex" means any form of commercial s exual
activity such as sexually explicit performances, prostitution,
participation in the production of pornography, performance in a
strip club, or exotic dancing or display;
3. "Debt bondage" means the status or condition of a debtor
arising from a pledge by the debtor of his or her personal services
or of those of a person under his or her control as a security for
debt if the value of those services as reasonably assessed is not
applied toward the liquidation of the debt or the length and nature
of those services are not respectively limited and defined;
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4. "Human trafficking" means modern-day slavery that includes,
but is not limited to, extreme exploitation and the denial o f
freedom or liberty of an individual for purposes of deriving benefit
from that individual 's commercial sex act or labor;
5. "Human trafficking for labor " means:
a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by an y means,
another person through deception, force, fraud, threat
or coercion or for purposes of engaging the person in
labor, or
b. benefiting, financially or by receiving anything of
value, from participation in a venture that has
engaged in an act of traf ficking for labor;
6. "Human trafficking for commercial sex " means:
a. recruiting, enticing, harboring, maintaining,
transporting, providing or obtaining, by any means,
another person through deception, force, fraud, threat
or coercion for purposes of eng aging the person in a
commercial sex act,
b. recruiting, enticing, harboring, maintaining,
transporting, providing, purchasing or obtaining, by
any means, a minor for purposes of engaging the minor
in a commercial sex act, or
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c. benefiting, financially or by receiving anything of
value, from participating in a venture that has
engaged in an act of trafficking for commercial sex;
7. "Legal process" means the criminal law, the civil law, or
the regulatory system of the federal government, any state,
territory, district, commonwealth, or trust territory therein, and
any foreign government or subdivision thereof and includes legal
civil actions, criminal actions, and regulatory petitions or
applications;
8. "Minor" means an individual under eighteen (18) years of
age; and
9. "Victim" means a person against whom a violation of any
provision of this section has been committed.
B. It shall be unlawful to knowingly engage in human
trafficking.
C. 1. Any person violating the provisions of this section
shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for a
term of not less than five (5) years or for life, or by a fine of
not more than One Hundred Thousand Dollars ($100,000.00), or by both
such fine and imprisonment.
2. Any person violating the provisions of this section where
the victim of the offense is under eighteen (18) years of age at the
time of the offense shall, upon conviction, be guilty of a felony
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punishable by death, by imprisonment in the custody of the
Department of Corrections for a term of not less than fifteen (15)
years or for life without parole, or for life , or by a fine of not
more than Two Hundred Fifty Thousand Dollars ($250,000.00), or by
both such fine and imprisonment.
3. The court shall also order the defendant to pay restitution
to the victim as provided in Section 991f of Title 22 of the
Oklahoma Statutes.
4. If the person is convicted of human trafficking, the person
shall serve eighty-five percent (85%) of the se ntence before being
eligible for parole consideration or any earned credits.
5. The terms of imprisonment specified in this subsection shall
not be subject to statutory provisions for suspension, deferral or
probation, or state correctional institution ea rned credits accruing
from and after November 1, 1989, except for the achievement earned
credits authorized by subsection H of Section 138 of Title 57 of the
Oklahoma Statutes. To qualify for such achievement earned credits,
such inmates must also be in c ompliance with the standards for Class
level 2 behavior, as defined in subsect ion D of Section 138 of Title
57 of the Oklahoma Statutes.
D. It is an affirmative defense to prosecution for a criminal,
youthful offender, or delinquent offense that, during t he time of
the alleged commission of the offense, the defendant or alleged
youthful offender or delinquent was a victim of human trafficking.
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E. The consent of a victim to the activity prohibited by this
section shall not constitute a defense.
F. Lack of knowledge of the age of the victim shall not
constitute a defense to the acti vity prohibited by this section with
respect to human trafficking of a minor.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10838 GRS 01/06/25