Chapter 18A. Human Trafficking.
§ 22–1831. Definitions.
For the purposes of this chapter, the term:
(1) “Abuse or threatened abuse of law or legal process” means the use or threatened use of law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) “Business” means any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, holding company, joint stock, trust, and any legal entity through which business is conducted.
(3) “Coercion” means any one of, or a combination of, the following:
(A) Force, threats of force, physical restraint, or threats of physical restraint;
(B) Serious harm or threats of serious harm;
(C) The abuse or threatened abuse of law or legal process;
(D) Fraud or deception;
(E) Any scheme, plan, or pattern intended to cause a person to believe that if that person did not perform labor or services, that person or another person would suffer serious harm or physical restraint;
(F) Facilitating or controlling a person’s access to an addictive or controlled substance or restricting a person’s access to prescription medication; or
(G) Knowingly participating in conduct with the intent to cause a person to believe that he or she is the property of a person or business and that would cause a reasonable person in that person’s circumstances to believe that he or she is the property of a person or business.
(4) “Commercial sex act” means any sexual act or sexual contact on account of which or for which anything of value is given to, promised to, or received by any person. The term “commercial sex act” includes a violation of § 22-2701, § 22-2704, §§ 22-2705 to 22-2712, §§ 22-2713 to 22-2720, and § 22-2722.
(4A) "Court" means the Superior Court of the District of Columbia.
(5) “Debt bondage” means the status or condition of a person who provides labor, services, or commercial sex acts, for a real or alleged debt, where:
(A) The value of the labor, services, or commercial sex acts, as reasonably assessed, is not applied toward the liquidation of the debt;
(B) The length and nature of the labor, services, or commercial sex acts are not respectively limited and defined; or
(C) The amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.
(5A) "Eligible offense" means any criminal offense under the District of Columbia Official Code, except an ineligible offense.
(5B) "Ineligible offense" means:
(A) Assault with intent to kill or poison, or to commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse, under § 22-401; provided, that assault with intent to rob under § 22-401 shall constitute an eligible offense.
(B) Sex trafficking of children under § 22-1834;
(C) Murder in the first degree under § 22-2101;
(D) Murder in the first degree — Placing obstructions upon or displacement of railroads under § 22-2102;
(E) Murder in the second degree under § 22-2103;
(F) Murder of law enforcement officer under § 22-2106;
(G) Solicitation of murder under § 22-2107(a);
(H) Armed carjacking under § 22-2803(b)(1);
(I) First degree sexual abuse under § 22-3002;
(J) First degree child sexual abuse under § 22-3008;
(K) First degree sexual abuse of a minor under § 22-3009.01;
(L) First degree sexual abuse of a secondary education student under § 22-3009.03;
(M) First degree sexual abuse of a ward, patient, client, or prisoner under § 22-3013;
(N) First degree sexual abuse of a patient or client under § 22-3015;
(O) An act of terrorism under § 22-3153;
(P) Provision of material support or resources for an act of terrorism under § 22-3153(m);
(Q) Solicitation of material support or resources to commit an act of terrorism under § 22-3153(n);
(R) Manufacture or possession of a weapon of mass destruction under § 22-3154(a);
(S) Attempt or conspiracy to manufacture or possess a weapon of mass destruction under § 22-3154(b);
(T) Use, dissemination, or detonation of a weapon of mass destruction under § 22-3155(a);
(U) Attempt or conspiracy to use, disseminate, or detonate a weapon of mass destruction under § 22-3155(b); or
(V) Attempt or conspiracy to commit any of the offenses listed in this paragraph, except conspiracy to commit sex trafficking of children under § 22-1834.
(6) “Labor” means work that has economic or financial value.
(7) “Serious harm” means any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue to perform labor, services, or commercial sex acts to avoid incurring that harm.
(8) “Services” means legal or illegal duties or work done for another, whether or not compensated.
(9) “Sexual act” shall have the same meaning as provided in § 22-3001(8).
(10) “Sexual contact” shall have the same meaning as provided in § 22-3001(9).
(11) “Venture” means any group of 2 or more individuals associated in fact, whether or not a legal entity.
(12) "Victim of trafficking" means:
(A) A person against whom the following offenses were committed:
(i) Forced labor under § 22-1832;
(ii) Trafficking in labor or commercial sex acts under § 22-1833; or
(iii) Sex trafficking of children under § 22-1834; or
(B) A person who has been subject to an act or practice described in section 103(9) or (10) of the Trafficking Victims Protection Act of 2000, approved October 28, 2000 (114 Stat. 1469; 22 U.S.C. § 7102(9) or (10)).
§ 22–1832. Forced labor.
(a) It is unlawful for an individual or a business knowingly to use coercion to cause a person to provide labor or services.
(b) It is unlawful for an individual or a business knowingly to place or keep any person in debt bondage.
§ 22–1833. Trafficking in labor or commercial sex acts.
It is unlawful for an individual or a business to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person, knowing, or in reckless disregard of the fact that:
(1) Coercion will be used or is being used to cause the person to provide labor or services or to engage in a commercial sex act; or
(2) The person is being placed or will be placed or kept in debt bondage.
§ 22–1834. Sex trafficking of children.
(a) It is unlawful for an individual or a business knowingly to recruit, entice, harbor, transport, provide, obtain, or maintain by any means a person who will be caused as a result to engage in a commercial sex act knowing or in reckless disregard of the fact that the person has not attained the age of 18 years.
(b) In a prosecution under subsection (a) of this section in which the defendant had a reasonable opportunity to observe the person recruited, enticed, harbored, transported, provided, obtained, or maintained, the government need not prove that the defendant knew that the person had not attained the age of 18 years.
§ 22–1835. Unlawful conduct with respect to documents in furtherance of human trafficking.
It is unlawful for an individual or business knowingly to destroy, conceal, remove, confiscate, or possess any actual or purported government identification document, including a passport or other immigration document, or any other actual or purported document, of any person to prevent or restrict, or attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel in order to maintain the labor or services of that person.
§ 22–1836. Benefitting financially from human trafficking.
It is unlawful for an individual or business knowingly to benefit, financially or by receiving anything of value, from voluntarily participating in a venture which has engaged in any act in violation of § 22-1832, § 22-1833, § 22-1834, or § 22-1835, knowing or in reckless disregard of the fact that the venture has engaged in the violation.
§ 22–1837. Penalties.
(a)(1) Except as provided in paragraph (2) of this subsection, whoever violates § 22-1832, § 22-1833, or § 22-1834 shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 20 years, or both.
(2) Whoever violates sections § 22-1832, § 22-1833, or § 22-1834 when the victim is held or provides services for more than 180 days shall be fined not more than 1 1/2 times the maximum fine authorized for the designated act, imprisoned for not more than 1 1/2 times the maximum term authorized for the designated act, or both.
(b) Whoever violates § 22-1835 shall be fined not more than the amount set forth in § 22-3571.01, imprisoned for not more than 5 years, or both.
(c) Whoever violates § 22-1836 shall be fined or imprisoned up to the maximum fine or term of imprisonment for a violation of each referenced section.
(d) Whoever attempts to violate § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836 shall be fined not more than 1/2 the maximum fine otherwise authorized for the offense, imprisoned for not more than 1/2 the maximum term otherwise authorized for the offense, or both.
(e) No person shall be sentenced consecutively for violations of §§ 22-1833 and 22-1834 for an offense arising out of the same incident.
§ 22–1838. Forfeiture.
(a) In imposing sentence on any individual or business convicted of a violation of this chapter, the court shall order, in addition to any sentence imposed, that the individual or business shall forfeit to the District of Columbia:
(1) Any interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of the violation; and
(2) Any property, real or personal, constituting or derived from any proceeds that the individual or business obtained, directly or indirectly, as a result of the violation.
(b) The following shall be subject to forfeiture to the District of Columbia and no property right shall exist in them:
(1) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
§ 22–1839. Reputation or opinion evidence.
In a criminal case in which a person is accused of trafficking in commercial sex, as prohibited by § 22-1833, sex trafficking of children, as prohibited by § 22-1834, or benefitting financially from human trafficking, as prohibited by § 22-1836, reputation or opinion evidence of the past sexual behavior of the alleged victim is not admissible. Evidence of an alleged victim’s past sexual behavior other than reputation or opinion evidence also is not admissible, unless such evidence other than reputation or opinion evidence is admitted in accordance with § 22-3022(b), and is constitutionally required to be admitted.
§ 22–1840. Civil action.
(a) An individual who is a victim of an offense prohibited by § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836 may bring a civil action in the Superior Court of the District of Columbia. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing plaintiff shall also be awarded attorney’s fees and costs. Treble damages shall be awarded on proof of actual damages where a defendant’s acts were willful and malicious.
(b) Any statute of limitation imposed for the filing of a civil suit under this section shall not begin to run until the plaintiff knew, or reasonably should have known, of any act constituting a violation of § 22-1832, § 22-1833, § 22-1834, § 22-1835 or § 22-1836, or until a minor plaintiff has reached the age of majority, whichever is later.
(c) If a person entitled to sue is imprisoned, insane, or similarly incapacitated at the time the cause of action accrues, so that it is impossible or impracticable for him or her to bring an action, then the time of the incapacity is not part of the time limited for the commencement of the action.
(d) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action.
§ 22–1841. Data collection and dissemination.
(a) For the purposes of this section, the term:
(1) "Persons engaged in human trafficking or human trafficking-related crimes" includes:
(A) Any person who attempts to recruit, entice, harbor, transport, provide, or obtain, or successfully recruits, entices, harbors, transports, provides, or obtains, by any means, another person, intending or knowing that the person will be subjected to forced labor or services; and
(B) Any person who purchases or receives the benefits of commercial sex acts, sexual performance, labor, or services by victims of human trafficking or human trafficking-related crimes.
(2) "Human trafficking-related crimes" means pimping, pandering, procuring, operating a house of prostitution, keeping a bawdy or disorderly house, possessing a sexual performance by a minor, visa fraud, document fraud, and assisting in unlawful entry into the United States, as well as violations of §§ 22-1832, 22-1833, 22-1834, 22-1835, and 22-1836.
(3) "Victim" means any person who has suffered a physical, mental, or emotional injury as a direct or indirect result of human trafficking or a human trafficking-related crime.
(b) The District, in cooperation with appropriate criminal justice agencies, shall collect statistical data related to human trafficking. The data shall include:
(1) Numbers of investigations, arrests, prosecutions, and convictions of traffickers and those committing human trafficking-related crimes;
(2) Numbers of and demographic characteristics of persons engaged in human trafficking or human trafficking-related crimes, including age, race, sex;
(3) Numbers of and demographic characteristics of victims, including age, race, sex, national origin, and current citizenship; and
(4) Human trafficking routes and patterns in and out of the District of Columbia.
(c) The Mayor shall elicit the cooperation and assistance of other government agencies, and non-government organizations as appropriate, to assist in the data collection required under subsection (b) of this section. The appropriate authorities in each agency shall make best efforts to collect information relevant to tracking progress on human trafficking.
(d) The District shall publish, periodically and not less than once every 36 months, a report of all current statistical data described in subsection (b) of this section.
(e) Repealed.
§ 22–1842. Training program.
(a) The Metropolitan Police Department (“MPD”), the Child and Family Services Agency (“CFSA”), and the Department of Youth Rehabilitation Services (“DYRS”) shall provide training on human trafficking to:
(1) New law enforcement officers, social workers, and case managers; and
(2) Current law enforcement officers, social worker employees, and case managers who have not previously received comparable training.
(b) The training shall be a minimum of 4 hours and shall include:
(1) The nature and dimension of human trafficking;
(2) The legal rights and remedies available to a victim of human trafficking;
(3) The services and facilities available to a victim of human trafficking;
(4) The legal duties imposed on a police officer, social worker, or case manager to enforce the provisions of D.C. Law 20-276, and to offer protection and assistance to a victim of human trafficking;
(5) Techniques for determining when a person may be a victim of trafficking;
(6) Techniques for handling a human trafficking offense that promotes the safety of the victim; and
(7) The particular needs of youth and minor trafficking victims;
(c) MPD, CFSA, and DYRS shall consult with community organizations that provide training, resources, advocacy, or services to victims of human trafficking for assistance in developing and presenting training on human trafficking.
§ 22–1843. Public posting of human trafficking hotline.
[Not funded].
§ 22–1844. Motion to vacate conviction or expunge criminal records for victims of trafficking.
(a) A person convicted of an eligible offense may apply by motion to the Superior Court for the District of Columbia to vacate the judgment of conviction and expunge all records identifying the movant as having been arrested, prosecuted, or convicted of the offense if the conduct of the person that resulted in the conviction was a direct result of the person having been a victim of trafficking.
(b) A person arrested but not prosecuted, or whose prosecution was terminated without conviction, for an eligible offense or an ineligible offense, may apply by motion to the Superior Court for the District of Columbia to expunge all records identifying the movant as having been arrested or prosecuted for the offense if the conduct of the person that resulted in the arrest or prosecution was a direct result of the person having been a victim of trafficking.
(c) A motion filed under this section shall:
(1) Be in writing;
(2) State the arrests, prosecutions, and convictions for which the movant seeks relief;
(3) State the grounds upon which eligibility for relief is based and facts in support of the movant's claim;
(4) Be accompanied by any appropriate exhibits, affidavits, and supporting documents; and
(5) Be served upon the prosecutor.
(d) A movant may file a motion under this section regardless of whether any other person, such as the person who made the movant a victim of trafficking, has been arrested, prosecuted, or convicted for an offense.
(e) A person may file a motion under this section only after:
(1) All criminal proceedings against the person related to the offenses that are the subject of the motion have completed; and
(2) The person completes any sentence of incarceration, commitment, probation, parole, or supervised release related to the offenses that are the subject of the motion.
(f) At the request of a movant or prosecutor, the Court may place any record or part of a proceeding related to a motion filed under this section under seal while the motion is pending.
(g) A person may file a motion under this section for an arrest, prosecution, or conviction that occurred before, on, or after April 5, 2019.
§ 22–1845. Review by Court.
(a)(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion.
(2) If the motion contains a curable deficiency, the Court shall provide the movant with reasonable time to cure the deficiency and refile the motion.
(b) If the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. Within 90 days after the Court's order for a response, the prosecutor shall file a response indicating whether the prosecutor supports or opposes the motion.
(c) The Court may hold a hearing on any motion filed under § 22-1844; provided, that if the prosecutor opposes a motion filed under § 22-1844, the Court shall hold a hearing on the motion within 90 days after the filing of the opposition.
(d) The Court shall grant a motion filed under § 22-1844(a), if the movant establishes, by clear and convincing evidence that:
(1) The movant was convicted of an eligible offense;
(2) The movant is a victim of trafficking; and
(3) The conduct by the movant resulting in the conviction was a direct result of the movant having been a victim of trafficking.
(e) The Court shall grant a motion filed under § 22-1844(b), if the movant establishes, by clear and convincing evidence that:
(1) The movant was arrested but not prosecuted, or the prosecution was terminated without conviction, for an eligible offense or an ineligible offense;
(2) The movant is a victim of trafficking; and
(3) The conduct by the movant resulting in the arrest or prosecution was a direct result of the movant having been a victim of trafficking.
(f) There shall be a rebuttable presumption that a movant is a victim of trafficking if the movant includes in the motion a copy of an official record from a federal, state, tribal, or local proceeding finding that the movant was a victim of trafficking, including a Certification Letter or Eligibility Letter from the U.S. Department of Health and Human Services.
(g) The Court may grant a motion under this section based solely on an affidavit or sworn testimony of the movant.
§ 22–1846. Grants and denials of motion.
(a) If the Court denies a motion filed under § 22-1844, the Court shall state the reasons for denial in writing.
(b) If the Court grants a motion filed under § 22-1844(a), the Court shall vacate the conviction, dismiss the relevant count with prejudice, and, except as provided in subsection (d) of this section, enter an order requiring the Court, the prosecutor, any relevant law enforcement agency, and any pretrial, corrections, or community supervision agency to expunge all records identifying the movant as having been arrested, prosecuted, or convicted of the offenses specified in the Court's order.
(c) If the Court grants a motion filed under § 22-1844(b), the Court shall, except as provided in subsection (d) of this section, enter an order requiring the Court, the prosecutor, any relevant law enforcement agency, and any pretrial, corrections, or community supervision agency to expunge all records identifying the movant as having been arrested or prosecuted for the offenses specified in the Court's order.
(d)(1) At any time before the Court grants a motion under subsection (b) or (c) of this section, a movant may file a request that, if the movant's motion is granted, the order granting the motion filed under § 22-1844, in lieu of requiring the expungement of all records identifying the movant as having been arrested, prosecuted, or convicted of the offenses specified in the Court's order, require the Court, the prosecutor, any relevant law enforcement agency, and any pretrial, corrections, or community supervision agency to seal all records identifying the movant as having been arrested, prosecuted, or convicted of the offenses specified in the Court's order.
(2) A movant who filed a request under paragraph (1) of this subsection, whose motion filed under § 22-1844 was subsequently granted, may file a second request with the Court, requesting that the Court amend the order issued under paragraph (1) of this subsection, to instead require the expungement of all records identifying the movant as having been arrested, prosecuted, or convicted of the offenses specified in the Court's order.
(3) Records sealed under this subsection shall be opened only on order of the Court upon a showing of compelling need; provided, that, upon request, the movant, or the authorized representative of the movant, shall be entitled to a copy of the sealed records to the extent that such records would have been available to the movant before relief under this subsection was granted. A request for access to sealed court records may be made ex parte.
(e) Within one year after the Court's grant of a motion under subsection (b) or (c) of this section, or, if the movant filed a request pursuant to subsection (d)(1) of this section, within one year after the filing of a request pursuant to subsection (d)(2) of this section, the Clerk of the Court, the prosecutor, any relevant law enforcement agency, and any pretrial services, corrections, or community supervision agency shall certify to the Court that to the best of its knowledge and belief, all records identifying the movant as having been arrested, prosecuted, or convicted of the offenses specified in the Court's order have been expunged from its records.
(f) In a case involving co-defendants in which the Court orders the movant's records expunged or sealed, the Court may order that only those records, or portions thereof, relating solely to the movant be expunged or sealed.
(g) In a case where a movant was arrested, prosecuted, or convicted of an offense other than the offense for which a Court orders the movant's records expunged or sealed, the Court may order that only those records, or portions thereof, relating solely to the offense that is the subject of the Court's order be expunged or sealed.
(h) The Court shall not order the redaction of the movant's name from any published opinion of the trial or appellate courts that refer to the movant.
(i) The effect of relief pursuant to this section shall be to restore the movant, in the contemplation of the law, to the status he or she occupied before being arrested, prosecuted, or convicted. No person as to whom such relief has been granted shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge his or her arrest, charge, trial, or conviction in response to any inquiry made of him or her for any purpose.
(j)(1) A copy of an order issued under this section and the certifications filed with the Court under subsection (e) of this section shall be provided to the movant or his or her counsel.
(2) Notwithstanding any provision of this section, the Court shall seal, but not expunge, an order issued under subsection (b) or (c) of this section or a certification filed with the Court under subsection (e) of this section.
(3) A movant may obtain a copy of an order issued under subsection (b) or (c) of this section or a certification filed with the Court under subsection (e) of this section at any time from the Clerk of the Court, upon proper identification, without a showing of need.
§ 22–1847. Appeals.
An order dismissing, granting, or denying a motion filed under§ 22-1844 shall be a final order for purposes of appeal.
