Tribe: Fort Belknap Indian Community of the Fort Belknap Reservation of Montana
SECTION III: DEFINITIONS. A. Child means an unmarried or unemancipated person under the age of eighteen (18) years. B. Coercion means: 1. Cause or threatening to cause harm to cause harm 2. Using or threatening to use physical force against any person; 3. Abusing or threatening to abuse the law or a legal system; 4. Threatening to report the immigration status of any person to governmental authorities; or 5. Knowingly destroying, concealing, removing, confiscating, or retaining any actual or purported governmental document of any person C. Commercial sexual activity means any sexual act or sexually explicit exhibition for which anything of value is given, promised to or received by a person. D. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of the debtor’s personal services or those of a person under the debtors control a security for a debt, if the value of those services as a reasonably assessed is not applied toward the liquidation of the
debt or the length and nature of those services are not respectively limited and defined.
E. Forced labor or services is defined as labor or services that are performed or provided by another
individual and are obtained or maintained through any one or more of the following:
1. Threat, either implicit or explicit, scheme, plan, or pattern, or other action intended to cause
the victim to believe that if they did not perform or provide the labor or services, that the
victim or another individual would suffer bodily harm or physical restraint; that any fact
tending or alleged fact tending to cause shame or to subject any person to hatred, contempt,
or ridicule would be exposed.
2. Physically restraining or threatening to physically restrain a person;
3. Abuse or threatened abuse of the legal process;
4. Knowingly destroying, concealing, confiscating, removing or possessing any actual or
purported passport or other immigration document;
5. Knowingly destroying, concealing, confiscating, removing, or possessing any actual or
purported domestic documents such as driver’s license, social security card, birth certificate,
or legal documents proving identity or citizenship;
6. Use of blackmail.
F. Human Trafficking is the illegal recruitment, transportation, transfer harboring or receipt of a
person, especially one from another jurisdiction, with the intent to hold the person captive or
exploit the person for labor, services or body parts. Human trafficking offenses include forced
prostitution, forced marriages, forced labor, sweat-shop labor, slavery, and harvesting organ from
unwilling donors.
G. Labor Trafficking is the recruitment, transportation, transfer, harboring, enticement, provision,
obtaining, or receipt of a person by any means (including electronic/telephonic), for the purpose
of debt bondage, forced labor or services, slavery or practices similar to slavery. A person is
guilty of labor trafficking if the individual commits or benefits from any one or more of the
following;
1. Benefits financially or receives anything of value from knowing participation in the labor
trafficking, knowing or having reason to know it is derived from an act of labor trafficking,
or;
2. Promotes, recruits, entices, harbors, transports, provides or obtains by any means another
person knowing that person may be subjected to labor trafficking; or
3. Attempts or conspires or has the intent to promote, recruit, entice harbor, transport, provide or
obtain by any means another person knowing that person may be subjected to labor
trafficking. H. Minor is defined as any persons under the age of 18.
I. Prostitution is defined as the performance for hire, or offering or agreeing to perform for hire,
where there is an exchange of anything of value, or an offer to exchange anything of value for
any of the following acts:
1. Sexual intercourse; or
2. Sexual contact.
J. Sex Trafficking as defined by subsection (F), above, and pursuant to 22 U.S.C. Sec. 7102 (8) (10)
the term “sex trafficking” means the recruitment, harboring, transportation, provision, obtaining,
patronizing, or soliciting of a person for the purpose of a commercial sex act. Commercial sex act
includes any sex act, on account of which anything of value is given to or received by any person.
K. Sexual contact is the intentional touching, either directly or through the clothing, of the genitalia,
anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of any person.
L. Sexual intercourse means vaginal intercourse, anal intercourse, fellatio or cunnilingus between
persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal
intercourse, anal intercourse or fellatio and does not require emission of semen. Penetration may
be committed by an object manipulated by the actor into the genital or anal opening of the
complainant’s body.
M. Slavery is defined as controlling a person through force, fraud or coercion to exploit said person.
N. Trafficking means “the illegal recruitment, transportation, transfer, harboring or receipt of a
person, especially one from another jurisdiction, with the intent to hold the person captive or
exploit the person for labor, services or body parts.” Such offenses include forcing people into
prostitution or marriage, slavery, sweat-shop labor or the harvesting of organs from unwilling
donors.
O. Victim restitution means any payment of victim’s documented cost for medical treatment,
counseling, substance abuse treatment, or any financial damage caused by the act of human
trafficking regardless of the race of the victim.