3.28Human-Trafficking Offenses
The content contained in this section applies to each of the offenses in MCL 750.462b–MCL 750.462e.1 Information unique to any of the human-trafficking offenses may be found with the discussion of that particular offense.
An indictment for a violation of the Human Trafficking Act that is punishable by life imprisonment may be found and filed at any time. MCL 767.24(1)(c). Otherwise, an indictment for a violation or attempted violation of the Human Trafficking Act may be found and filed within 25 years after the offense was committed. MCL 767.24(2).
B.Attempts, Conspiracies, and Solicitations
A person who attempts, conspires, or solicits another to commit a human-trafficking offense is subject to the same penalty as a person who commits the offense. MCL 750.462f(3).
C.Offenses Arising Out of the Same Transaction
A person may be charged with, convicted of, or punished for any other violation of law “arising out of the same transaction as the violation of [the Human Trafficking Act].” MCL 750.462f(4).
A victim’s resistance or lack of resistance is not relevant to the prosecution of a human-trafficking offense. MCL 750.462h.
A victim is not required to testify in the prosecution of a human-trafficking offense. MCL 750.462g(1). If a victim does testify, the victim’s testimony need not be corroborated. Id. See People v Baskerville, 333 Mich App 276, 286 (2020) (holding that the victim’s uncorroborated testimony was sufficient evidence to support the defendant’s conviction under MCL 750.462e(a)).
F.Expert Testimony Regarding Victims
Expert testimony about a human-trafficking victim’s behavioral patterns, and the ways in which a victim’s behavior may deviate from societal expectations, is admissible in court in the prosecution of a human-trafficking offense if the expert testimony is otherwise admissible under the rules of evidence and the laws of Michigan. MCL 750.462g(2).
Jury instructions for human trafficking-offenses are as follows. Not all instructions will apply in every case.
•M Crim JI 36.1, Obtaining a Person for Forced Labor or Services;
•M Crim JI 36.2, Holding a Person in Debt Bondage;
•M Crim JI 36.3, Knowingly Subjecting a Person to Forced Labor or Debt Bondage;
•M Crim JI 36.4, Participating in a Forced Labor, Debt Bondage or Commercial Sex Enterprise for Financial Gain;
•M Crim JI 36.4a, Participating in a Forced Labor or Commercial Sex Enterprise for Financial Gain or for Anything of Value with a Minor;
•M Crim JI 36.5, Aggravating Factors;
•M Crim JI 36.6, Using Minors for Commercial Sexual Activity or for Forced Labor or Services;
•M Crim JI 36.7, Testimony of Victim Not Required/Need Not Be Corroborated; and
•M Crim JI 36.8, Victim’s Resistance or Lack of Resistance Not Relevant.
1.Violations of § 462b, § 462c, and § 462d
•A violation without bodily injury, an individual being involved in commercial sexual activity, kidnapping or attempted kidnapping, CSC-I or attempted CSC-I, or an attempt to kill or the death of an individual is a felony punishable by not more than 10 years of imprisonment, a fine of not more than $10,000, or both. MCL 750.462f(1)(a).
•A violation that results in bodily injury or that results in commercial sexual activity is a felony punishable by not more than 15 years of imprisonment, a fine of not more than $15,000, or both. MCL 750.462f(1)(b).
•A violation that results in serious bodily injury is a felony punishable by not more than 20 years of imprisonment, a fine of not more than $20,000, or both. MCL 750.462f(1)(c).
•A violation that involves kidnapping or attempted kidnapping, CSC-I or attempted CSC-I, or an attempt to kill or the death of an individual, is a felony punishable by life imprisonment or any term of years, a fine of not more than $50,000, or both. MCL 750.462f(1)(d).
2.Violations of § 462e
A violation of MCL 750.462e is a felony punishable by not more than 20 years of imprisonment, a fine of not more than $20,000, or both. MCL 750.462f(2).
“The court may order a term of imprisonment imposed for [a human-trafficking violation] to be served consecutively to a term of imprisonment imposed for the commission of any other crime, including any other violation of law arising out of the same transaction as the [human-trafficking] violation[.]” MCL 750.462f(5).
A defendant convicted of a human-trafficking offense must pay a crime victim assessment of $130. See MCL 780.905(1)(a).
If the court orders payment of any combination of a fine, costs, or applicable assessments, the court must impose the minimum state cost of not less than $68. See MCL 769.1j(1)(a); MCL 769.1k(1)(a).
When sentencing a defendant for a human-trafficking offense, the court must order full restitution. See MCL 769.1a(2); MCL 769.34(6); MCL 771.3(1)(e); MCL 780.766(2); MCR 6.425(E)(1)(f).
In addition to any mandatory restitution under the crime victim’s rights act, MCL 780.66, a court may order a defendant convicted of a human-trafficking crime to pay restitution as provided in MCL 780.766b. MCL 750.462f(6). MCL 780.766b authorizes the court to order a defendant to pay for a victim’s lost income as calculated according to MCL 780.766b(a)(i)-(iii); the cost of transportation, temporary housing, and childcare expenses incurred because of the offense; attorney fees and other costs and expenses described in MCL 780.766b(c)(i)-(iv) that were incurred because of the offense; and “[a]ny other loss suffered by the victim as a proximate result of the offense,” MCL 780.766b(d).
M.Human Trafficking Victims Compensation Act
Under the Human Trafficking Victims Compensation Act, MCL 752.981 et seq., a person who commits a human-trafficking offense under MCL 750.462a–MCL 750.462h, “is liable to the victim of the violation for economic and noneconomic damages that result from the violation[.]” MCL 752.983(1). These include, but are not limited to:
“(a) Physical pain and suffering.
(b) Mental anguish.
(c) Fright and shock.
(d) Denial of social pleasure and enjoyments.
(e) Embarrassment, humiliation, or mortification.
(f) Disability.
(g) Disfigurement.
(h) Aggravation of a preexisting ailment or condition.
(i) Reasonable expenses of necessary medical or psychological care, treatment, and services.
(j) Loss of earnings or earning capacity.
(k) Damage to property.
(l) Any other necessary and reasonable expense incurred as a result of the violation.” MCL 752.983(1).
A victim is entitled to the damages sustained regardless whether the victim suffered bodily injury, the damages were foreseeable to the violator, or the violator was charged with or convicted of a human-trafficking offense. MCL 752.983(2)-(4).
“An action to recover damages under [MCL 752.983] must be filed within 3 years after the last violation that is the subject of the action occurred.” MCL 752.984.
“[The Human Trafficking Victims Compensation Act] does not affect any right that a victim has to recover damages under other law.” MCL 752.985.
N.Medical Assistance Benefits For Victim
“If an individual is a victim of a human trafficking violation, he or she may receive medical assistance benefits for medical and psychological treatment resulting from his or her status as a victim of that human trafficking violation.” MCL 400.109m(1).
O.Human-Trafficking Victim Commits a Prostitution Offense
Sentencing options, such as deferred sentencing, are available for victims of human trafficking who commit certain offenses involving prostitution if the victim proves by a preponderance of the evidence that the offense was a direct result of his or her status as a victim of human trafficking. MCL 750.451c.
1 The human-trafficking offense in MCL 750.462e is subject to a term of imprisonment and a maximum fine that differs from the offenses in MCL 750.462b–MCL 750.462d.