Staff Analysis of the Legislation
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HB 770 amends O.C.G.A. § 16-5-46, relating to trafficking people for labor or sexual servitude. HB 770 defines “developmental disability,” “controlled substance,” and amends the definition of “sexual servitude.” It provides the definition for sexual servitude as any sexually explicit conduct or performance which conduct is: “induced by coercion or deception, from an individual who is less than 18 years of age, from an individual whom the accused believes to be under the age of 18 years, or from an individual who has a developmental disability.” It stipulates that any person who commits the offense of trafficking shall be guilty of a felony, and upon conviction thereof shall be imprisoned for not less than 10 nor more than 20 years and, a fine not to exceed $100,000.00. The involvement of an undercover operative involved in the investigation of trafficking for labor or sexual servitude shall not constitute a defense, however O.C.G.A. § 16-3-25, entrapment may still provide an absolute defense. |