Conducting Sex Trafficking Under False Pretenses

PURPOSE: The attorney general administers and enforces the provisions of the Merchandising Practices Act, Chapter 407, RSMo. The attorney general may make rules necessary to the administration and enforcement of the provisions of Chapter 407, RSMo, and, in order to provide notice to the public, may specify the meaning of terms, whether or not used in the Act. This rule specifies the settled meanings of certain terms used in the enforcement of the Act and provides notice to the public of their application. This rule does not contain an exhaustive list of practices that violate the Act. Instead, this rule identifies certain specific practices that violate section 407.020, RSMo. (1) It is an unfair, deceptive, fraudulent, and otherwise unlawful practice for any person, whether directly or indirectly, to advertise, sell, offer, or provide any merchandise if— (A) The person advertises, sells, offers, or provides any merchandise that constitutes or involves any commercial sexual conduct; and (B) The person does not expressly disclose that the person advertises, sells, offers, or provides the merchandise described in subsection (1)(A)—1) in all advertisements made by or on behalf of that person; 2) to all other persons with whom the person enters into any transaction involving trade or commerce; 3) in written form conspicuously displayed on the exterior of any structure in or from which the person conducts any activities relating in any way to the merchandise described in subsection (1)(A); and 4) in all filings, applications, and other representations made to any branch of state government or to any municipality, county, or other political subdivision. (2) It is an unfair, deceptive, fraudulent, and otherwise unlawful practice for any person, whether directly or indirectly, to advertise, sell, offer, or provide any merchandise if— (A) The merchandise constitutes or involves any commercial sexual conduct; (B) Any individual involved in the performance or provision of the merchandise was induced, compelled, or otherwise caused to do so by means of force, abduction, coercion, fraud, deception, blackmail, actual or threatened financial harm, or a debt-bondage relationship; and (C) The person does not expressly disclose to every other person to whom the merchandise is advertised, sold, offered, or provided that at least one (1) individual involved in the performance or provision of the merchandise was induced, compelled, or otherwise caused to do so by means of force, abduction, coercion, fraud, deception, blackmail, actual or threatened financial harm, or a debt-bondage relationship. (3) It is an unfair, deceptive, fraudulent, and otherwise unlawful practice to knowingly induce, either directly or indirectly, another person to engage in conduct that violates section (1) or section (2), or to conspire or to knowingly, recklessly, or negligently act in concert with any person regarding conduct that violates section (1) or section (2). (4) This rule shall not apply under the circumstances set forth in section 407.020.2(1) and (2), RSMo. AUTHORITY: section 407.145, RSMo 2016.* Original rule filed April 3, 2017, effective Oct. 30, 2017. *Original authority: 407.145, RSMo 1986, amended 1993.