§707-781 Labor trafficking in the first degree. (1) A person commits the offense of labor trafficking in the first degree if the person intentionally or knowingly provides or obtains, or attempts to provide or obtain, another person for labor or services by any of the following means committed against the other person:
(a) Any of the acts constituting extortion as described in section 707-764, except that for purposes of this paragraph "labor" and "services" shall be as defined in section 707-780;
(b) The acts constituting kidnapping as described in section 707-720(1)(a) through (g), except that for purposes of this paragraph "labor" and "services" shall be as defined in section 707-780;
(c) The acts described in section 707-721(1) or 707-722, relating to unlawful imprisonment;
(d) The acts described in section 707-730, 707-731, or 707-732, relating to sexual assault in the first, second, or third degree;
(e) Force, deadly force, or unlawful force;
(f) The acts described in the definition of deception pursuant to section 708-800, or fraud, which means making material false statements, misstatements, or omissions to induce or maintain the person to engage or continue to engage in the labor or services;
(g) Requiring that labor or services be performed to retire, repay, or service a real or purported debt, if performing the labor or services is the exclusive method allowed to retire, repay, or service the debt and the indebted person is required to repay the debt with direct labor in place of currency; provided that this shall not include labor or services performed by a child for the child's parent or guardian;
(h) The acts described in either section 707-710, 707-711, or 707-712, relating to assault;
(i) Withholding any of the person's government-issued identification documents with the intent to impede the movement of the person;
(j) Using any scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, then the person or a friend or a member of the person's family would suffer serious harm, serious financial loss, or physical restraint; or
(k) Using or threatening to use any form of domination, restraint, or control over the person which, given the totality of the circumstances, would have the reasonably foreseeable effect of causing the person to engage in or to remain engaged in the labor or services.
(2) Labor trafficking in the first degree is a class A felony. [L 2011, c 146, pt of §1]
Structure Hawaii Revised Statutes
707. Offenses Against the Person
707-700 Definitions of terms in this chapter.
707-701 Murder in the first degree. §707-701 Commentary:
707-701.5 Murder in the second degree.
707-702 Manslaughter. §707-702 Commentary:
707-702.5 Negligent homicide in the first degree.
707-703 Negligent homicide in the second degree.
707-704 Negligent homicide in the third degree.
707-705 Negligent injury in the first degree.
707-706 Negligent injury in the second degree.
707-710 Assault in the first degree.
707-711 Assault in the second degree.
707-712 Assault in the third degree. § §707-710 To 707-712 Commentary:
707-712.5 Assault against a law enforcement officer in the first degree.
707-712.6 Assault against a law enforcement officer in the second degree.
707-712.7 Assault against an emergency worker.
707-713 Reckless endangering in the first degree.
707-714 Reckless endangering in the second degree. § §707-713 And 707-714 Commentary:
707-715 Terroristic threatening, defined. §707-715 Commentary:
707-716 Terroristic threatening in the first degree.
707-717 Terroristic threatening in the second degree.
707-721 Unlawful imprisonment in the first degree.
707-722 Unlawful imprisonment in the second degree. § §707-720 to 707-722 Commentary:
707-726 Custodial interference in the first degree.
707-727 Custodial interference in the second degree.
707-730 to 707-738 OLD REPEALED. §707-730 Sexual assault in the first degree.
707-731 Sexual assault in the second degree.
707-732 Sexual assault in the third degree.
707-733 Sexual assault in the fourth degree.
707-733.6 Continuous sexual assault of a minor under the age of fourteen years.
707-750 Promoting child abuse in the first degree.
707-751 Promoting child abuse in the second degree.
707-752 Promoting child abuse in the third degree.
707-753 Affirmative defense to promoting child abuse.
707-756 Electronic enticement of a child in the first degree.
707-757 Electronic enticement of a child in the second degree.
707-759 Indecent electronic display to a child.
707-761 Extortionate extension of credit; prima facie evidence.
707-762 Financing extortionate extensions of credit.
707-763 Collection of extensions of credit by extortionate means.
707-765 Extortion in the first degree.
707-766 Extortion in the second degree.
707-767 Extortion in the third degree.
707-768 Firearms, explosives, and dangerous weapons.
707-769 Defenses to extortion.
707-781 Labor trafficking in the first degree.
707-782 Labor trafficking in the second degree.
707-783 Additional sentencing considerations; victims held in servitude.
707-784 Extended terms of imprisonment; labor trafficking offenses.