Kettering Representative Andrea White introduces legislation to expand human trafficking prosecutions

Kettering, Ohio-Andrea White (R-Kettering) and Susan Manchester (R-Waynesfield) recently announced legislation to increase the ability of prosecutors to prosecute incidents of human trafficking. Under current law, prosecutors can prosecute trafficking charges when an individual “compels” another person to engage in prostitution. But the term “compel” is limited to force, fear, duress, intimidation, and fraud.

In a press release, White said “Human trafficking is a problem we’re seeing right here in our own back yards. We need to fight for these victims and fight for the safety of all Ohioans”. But Manchester pointed out, “Addiction and withdrawal are incredibly powerful weapons that traffickers regularly use to compel victims to comply with their demands.”

So White and Manchester want to amend the Ohio Revised Code to change the definition of the word “compel” to include using a controlled substance and/or manipulation of controlled substance addiction as forms of control used by human traffickers that can be prosecuted as a crime.

White and Manchester introduced House Bill (H.B.) 427. H.B. 427 proposes to amend Ohio Revised Code §§2905.32 and 2907.21.

White and Manchester’s offered statutory amendments are pretty straightforward. The bill would basically add two short provisions, which are identified as bolded and underlined text below.

First, H.B. 427 would amend Ohio Revised Code §2905.32(B) to read “For a prosecution under division (A)(1) of this section, the element "compelled" does not require that the compulsion be openly displayed or physically exerted. The element "compelled" has been established if the state proves that the victim's will was overcome by force, fear, duress, intimidation, a controlled substance, manipulation of a controlled substance addiction, or fraud.

Second, H.B. 427 would amend Ohio Revised Code §2907.21(B) to read “For a prosecution under division (A)(1) of this section, the element "compel" does not require that the compulsion be openly displayed or physically exerted. The element "compel" has been established if the state proves that the victim's will was overcome by force, fear, duress, a controlled substance, manipulation of a controlled substance addiction,
or intimidation.”

Sections 2905.32 and 2907.22 generally prohibits a person from forcing individuals into involuntary servitude or involuntary sexual activities. Violating Section 2905.32 has a minimum sentence of 10-15 years in prison. Those convicted of violating §2907.22 face a prison sentence of up to 11 years.

H.B. 427 was introduced with 20 co-sponsors. The Bill has been assigned to the House Criminal Justice Committee.

Kettering residents who would like to make their opinions about H.B 427 known can contact Representative Andrea White at 77 South High Street, 11th Floor, Columbus, OH 43215, 614-644-6008, rep41@ohiohouse.gov. Representative White’s website is https://ohiohouse.gov/members/andrea-white.

White said, “Ohio is ranked fifth in the nation for human trafficking reports, with more than 70% of victims struggling with a substance abuse disorder. Our hope is that by expanding the Ohio Revised Code definition of ‘compel’ to cover drugs and addiction, law enforcement will be better equipped to protect more victims and target more traffickers for prosecution.”