(1)(a) A person is guilty of trafficking in the first degree when:

     (i) Such person:

     (A) Recruits, harbors, transports, transfers, provides, obtains, or receives by any means another person knowing that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the person to engage in forced labor, involuntary servitude, or a commercial sex act; or

     (B) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i)(A) of this subsection; and

     (ii) The acts or venture set forth in (a)(i) of this subsection:

     (A) Involve committing or attempting to commit kidnapping;

     (B) Involve a finding of sexual motivation under RCW 9.94A.835;

     (C) Involve the illegal harvesting or sale of human organs; or

     (D) Result in a death.

     (b) Trafficking in the first degree is a class A felony.

     (2)(a) A person is guilty of trafficking in the second degree when such person:

     (i) Recruits, harbors, transports, transfers, provides, obtains, or receives by any means another person knowing that force, fraud, or coercion as defined in RCW 9A.36.070 will be used to cause the person to engage in forced labor, involuntary servitude, or a commercial sex act; or

     (ii) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in (a)(i) of this subsection.

     (b) Trafficking in the second degree is a class A felony.

[2011 c 111 § 1; 2003 c 267 § 1.]