720 ILCS 5/10-9 – Trafficking in Persons, Involuntary Servitude, and Related Offenses

720 ILCS 5/10-9 – Trafficking in Persons, Involuntary Servitude, and Related Offenses

This law makes it illegal to force, trick, or abuse someone into working or performing sexual acts against their will.

This Illinois law explains what human trafficking and involuntary servitude are, lists examples of these crimes, and describes punishments for individuals and companies that commit them. It also includes protections and services for victims.

(a) Definitions. This part explains the important terms used in the law, such as what counts as “labor,” “services,” or “commercial sexual activity.”

1. “Intimidation” means threats or pressure that scare someone into obeying.
2. “Commercial sexual activity” means any sex act where something of value is traded, offered, or received.
   • “Company” means any business or organization set up to make a profit.
3. “Financial harm” includes threats or actions that cause someone to lose money or be trapped by unfair contracts.
4. (Blank)
5. “Labor” means work that has provides money.
6. “Maintain” means making someone keep working even if they want to stop.
7. “Obtain” means getting someone to perform work or services.
   • “Serious harm” means physical, emotional, financial, or social harm bad enough to make someone feel forced to work.
8. “Services” means work done for another person’s benefit. Sexual acts and performances count as “services” in this law.
9. “Sexually-explicit performance” means any live, recorded, or online performance meant to sexually arouse viewers.
10. “Trafficking victim” means a person who is forced, tricked, or controlled under the acts described in this Section.

(b) Involuntary servitude. A person breaks this law if they force or try to force someone to work or provide services through threats or control. These include:

1. Causing or threatening to cause physical harm.
2. Physically restraining or threatening to restrain someone.
3. Abusing or threatening to abuse the law or legal system.
4. Trying to or taking away someone’s passport, ID, or immigration documents.
5. Using intimidation, abusing power or trust, using drugs or alcohol to control someone, or having financial control over them.
6. Using tricks or lies to make someone believe harm will happen if they don’t work.

Punishments range from a Class X felony (most serious) to a Class 4 felony (least serious), depending on which actions were used.

(c) Involuntary sexual servitude of a minor. This crime happens when someone causes or helps a person under 18 to engage in sex acts, sexual performances, or pornography for money or anything of value.

1. If the child is 17–18 years old and no force or threat was used, it’s a Class 1 felony.
2. If the child is under 17 and no force or threat was used, it’s a Class X felony.
3. If force or threats were used, it’s a Class X felony.

(d) Trafficking in persons. This crime includes recruiting, transporting, or sheltering someone, knowing they will be forced into labor or sexual acts. It also punishes people or companies that profit from these crimes. A company can be fined up to $100,000 for benefiting from trafficking.

(e) Aggravating factors. Some actions make the crime more serious, such as:

1. Kidnapping or trying to kidnap someone.
2. Committing or attempting aggravated sexual assault.
3. Attempting first-degree murder.

These make the offense a Class X felony.

(f) Sentencing considerations. Judges must look the below factors when deciding on a sentence:

1. How much harm the victim suffered and how long they held.
2. How many fictims there were.
3. The age of the victim.

(g) Restitution. Offenders must pay victims either the value of the work done or what the offender earned from it, whichever amount is greater.

(g-5) Fine distribution. Any fines go into a special Illinois fund that helps survivors of human trafficking.

(h) Trafficking victim services. The Department of Human Services may offer emergency help and support to victims when funding is available.

(i) Certification. Police or prosecutors can certify that a victim is helping with an investigation so the person may apply for special immigration status and benefits. Victims under 18 don’t have to cooperate to qualify.

(j) Property forfeiture. Anyone convicted under this law may lose property connected to the crime, such as money or vehicles gained from trafficking.

View the full statute here.

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