The Jamaica Trafficking in Persons (Prevention, Suppression and Punishment) Act 2007 (with amendments in 2013 and 2018) defines the crime of human trafficking as follows in Part II:
(1) A person commits the offense of trafficking in persons where, for the purpose of exploitation, he:
(a) recruits, transports, transfers, harbours, or receives another person within Jamaica;
(b) recruits, transports, or transfers another person from Jamaica to another country; or
(c) recruits, transports, transfers, or receives another person from another country into Jamaica,
by any of the specified means in subsection (2)
(2) The means referred to in subsection (1) are –
(a) threat or use of force or other form of coercion;
(b) abduction;
(c) deception or fraud;
(d) the abuse of
(i) power; or
(ii) a position of vulnerability;
(e) the giving or receiving of a benefit in order to obtain the consent of a person who has control over another person.
(3) Notwithstanding the absence of the use of any of the means specified in paragraphs (a) to (e) of subsection (2), a person who recruits, transports, transfers, harbours, or receives a child for the purpose of exploitation of that child commits the offense of trafficking in persons.
(4) It shall not be a defense for a person who commits the offense of trafficking in persons that the offense was committed with the victim’s consent.
The Jamaica Trafficking in Persons (Prevention, Suppression and Punishment) Act defines exploitation as follows in Part I:
(a) the exploitation of the prostitution of a person;
(b) compelling or causing a person to provide forced labour;
(c) keeping a person in a state of slavery or servitude;
(d) engaging in any form of sexual exploitation;
(e) illicit removal of organs.
