{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-748.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-748.2","heading":"Guidelines for treatment of human trafficking victims –","body":"Right to civil action – Notice of rights – Protective custody.\n\nA. Human trafficking victims shall:\n\n1. Be housed in an appropriate shelter as soon as practicable;\n\n2. Not be detained in facilities inappropriate to their status\n\nas crime victims;\n\n3. Not be jailed, fined, or otherwise penalized due to having\n\nbeen trafficked;\n\n4. Receive prompt medical care, mental health care, including\n\ncounseling services and rehabilitation services, food, resources for\n\nsafe housing, and other assistance, as necessary;\n\n5. Have access to legal assistance, information about their\n\nrights, and translation services, as necessary;\n\n6. Be provided protection if the safety of the victim is at\n\nrisk or if there is a danger of additional harm by recapture of the\n\nvictim by a trafficker, including:\n\na. taking measures to protect trafficked persons and\n\ntheir family members from intimidation and threats of\n\nreprisals, and\n\nb. ensuring that the names and identifying information of\n\ntrafficked persons and their family members are not\n\ndisclosed to the public;\n\n7. Be treated with fairness and respect for the safety,\n\ndignity, and privacy of the victim and treated as a true crime\n\nvictim rather than a defendant in a criminal case;\n\n8. Be informed of financial assistance and other social\n\nservices as a result of being a human trafficking victim; and\n\n9. Be informed in writing of all constitutional and statutory\n\nrights, as provided for in the provisions of the Oklahoma Victim's\n\nRights Act.\n\nB. Any person aggrieved by a violation of subsection B of\n\nSection 748 of this title may bring a civil action against the\n\nperson or persons who committed the violation to recover actual and\n\npunitive damages and reasonable attorney fees and costs. The civil\n\naction brought under this section may be instituted in the district\n\ncourt in this state in the county in which the prospective defendant\n\nresides or has committed any act which subjects him or her to\n\nliability under this section. A criminal case or prosecution is not\n\na necessary precedent to the civil action. The statute of\n\nlimitations for the cause of action shall not commence until the\n\nlatter of the victim's emancipation from the defendant, the victim's\n\ntwenty-first birthday, or the plaintiff discovers or reasonably\n\nshould have discovered that he or she was a victim of human\n\ntrafficking and that the defendant caused, was responsible for or\n\nprofited from the human trafficking.\n\nC. Upon availability of funds, the Attorney General is\n\nauthorized to establish an emergency hotline number for victims of\n\nhuman trafficking to call in order to request assistance or rescue.\n\nThe Attorney General is authorized to enter into agreements with the\n\ncounty departments of health to require posting of the rights\n\ncontained in this section along with the hotline number for\n\npublication in locations as directed by the State Department of\n\nHealth.\n\nD. Any peace officer who comes in contact with a human\n\ntrafficking victim shall inform the victim of the human trafficking\n\nemergency hotline number and give notice to the victim of certain\n\nrights. The notice shall consist of handing the victim a written\n\nstatement of the rights provided for in subsection A of this\n\nsection.\n\nE. 1. Any peace officer or employee of a district court,\n\njuvenile bureau or Office of Juvenile Affairs who has reasonable\n\nsuspicion that a minor may be a victim of human trafficking and is\n\nin need of immediate protection shall assume protective custody over\n\nthe minor and immediately notify the Department of Human Services.\n\nThe minor shall be transferred to the emergency custody of the\n\nDepartment pursuant to the provisions of Section 1-4-201 of Title\n\n10A of the Oklahoma Statutes. While in custody of the Department,\n\nthe minor shall be provided with any necessary emergency social\n\ny over\n\nthe minor and immediately notify the Department of Human Services.\n\nThe minor shall be transferred to the emergency custody of the\n\nDepartment pursuant to the provisions of Section 1-4-201 of Title\n\n10A of the Oklahoma Statutes. While in custody of the Department,\n\nthe minor shall be provided with any necessary emergency social\n\nservices which include, but shall not be limited to, medical\n\nexamination or treatment, or a mental health assessment.\n\nLaw enforcement and the Department of Human Services shall\n\nconduct a joint investigation into the claim.\n\nThe minor shall remain in the custody of the Department of Human\n\nServices until the investigation has been completed, but for no\n\nlonger than two (2) judicial days, for the show-cause hearing. The\n\nDepartment may release the minor to the custody of a parent or legal\n\nguardian if it determines the minor will not be subject to further\n\nexploitation. If no such determination is made, the minor shall be\n\nsubject to the deprived child provisions of the Oklahoma Children's\n\nCode and made eligible for appropriate child welfare services.\n\n2. The minor shall not be subject to juvenile delinquency\n\nproceedings or child-in-need-of-supervision proceedings for\n\nprostitution offenses or misdemeanor or nonviolent felony offenses\n\ncommitted as a result of being a victim of human trafficking.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cb41d2af115aad5b9de72a9012954307d864e7b86475d46fc4d65d3364a9e13d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-748.1","next":"us-ok/okla.-stat.-tit.-21-21-748.3"},"notice":"GroundRules: Original legal text. Not legal advice."}