Trafficking Of Persons

“Human trafficking” covers a number of different criminal acts. Generally speaking, trafficking involves one person forcing another person to engage in labor or services for another. Many people commonly associate human trafficking with illegal sexual activities. This is, indeed, part of what Texas’ human trafficking statute covers.

The federal offense of Trafficking of Persons, more commonly referred to as human trafficking, is a serious crime that involves the exploitation of individuals through force, fraud, or coercion for the purposes of forced labor, sexual slavery, or commercial sexual exploitation. This crime is addressed under several U.S. federal statutes, primarily under the Trafficking Victims Protection Act (TVPA) of 2000 and its subsequent reauthorizations.

Key Federal Statutes Addressing Human Trafficking

18 U.S.C. § 1589 – Forced Labor: This statute makes it a crime to obtain the labor or services of a person through the use of force, threats of force, physical restraint, or threats of physical restraint to that person or another person, through the abuse or threatened abuse of law or legal process, or through fraud or extortion.

18 U.S.C. § 1591 – Sex Trafficking of Children or by Force, Fraud, or Coercion: This provision criminalizes the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act. This is particularly egregious when the act is induced by force, fraud, or coercion, or when the person induced to perform such an act is under 18 years of age.

18 U.S.C. § 1592 – Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor: This law prohibits the destruction, concealment, removal, confiscation, or possession of any actual or purported passport or other immigration document, or any other actual or purported government identification document, for the purpose of violating this chapter or as a means of preventing or restricting a person’s liberty to move or travel, in order to maintain the labor or services of that person.

Enforcement and Penalties

Human trafficking cases are typically investigated by federal agencies such as the FBI and the Department of Homeland Security, often in cooperation with local law enforcement. The penalties for trafficking can be severe, including heavy fines and lengthy prison sentences, particularly when they involve minors or result in death. Convictions under these statutes can lead to life imprisonment in the most serious cases.

Victim Protection and Support

The TVPA also provides for the protection and support of trafficking victims. It establishes mechanisms for the restitution and rehabilitation of victims, and it allows for non-citizen victims to obtain T-visas to stay in the United States temporarily to assist in the investigation or prosecution of human traffickers.

International Cooperation

Given the transnational nature of human trafficking, U.S. law enforcement often works in conjunction with international organizations and foreign governments to detect, prevent, and prosecute trafficking cases. This cooperation is crucial for the effective tackling of human trafficking networks which frequently operate across multiple countries.

Trafficking Sexual Conduct

The types of conduct associated with illegal sexual activities include the following:

  • Having sex in exchange for money, or offering to perform sex acts for money (prostitution);
  • Receiving money or other compensation from another by having sex, or offering another person to engage in sexual acts for compensation (promotion of prostitution);
  • Knowingly participating in a “prostitution enterprise” by promoting prostitution of two or more people (aggravated promotion of prostitution); or
  • Using threats, force, or fraud to compel another to commit prostitution (compelling prostitution).

If the person being offered for sexual activity is a minor, the list of conduct expands to include sexual abuse of a child, indecency with a child, sexual assault, sexual performance by a child, and possession of or promotion of child pornography.

Trafficking Other Labor or Services

Texas law is not limited to sex trafficking. When one person forces or coerces another person to perform any form of labor or service, this can be considered trafficking under the law. Additionally, if a person benefits from a venture that involves forcing another to perform labor or services, they can be guilty of trafficking. Benefitting from the trafficking includes receiving payment for the conduct, but it can also include receiving the services, labor, or sexual activity performed by the trafficked person.

Trafficking of persons is generally a second-degree felony, but in certain circumstances, is a first-degree felony.

Comparing to the Texas Trafficking Statute

Texas Penal Code on Trafficking of Persons

Texas Penal Code Section 20A.02 – Trafficking of Persons:

  • Conduct Prohibited: The Texas statute criminalizes knowingly trafficking another person with the intent that the trafficked person engage in forced labor or services, or sexually explicit conduct. It also addresses using force, fraud, or coercion to cause the trafficked person to engage in such activities, similar to the federal statute.
  • Victims Under 18: Trafficking a person under 18 years of age for labor or sexual conduct is also prohibited, irrespective of whether force, fraud, or coercion was used.
  • Penalties: Trafficking offenses under the Texas Penal Code are typically felonies of the first or second degree, depending on the specific circumstances of the case, such as the age of the victim and whether the offense involved sexual conduct.

Key Differences and Similarities with Federal Law

  1. Scope and Jurisdiction:
    • Federal Law: Typically has broader jurisdiction and can handle cases that cross state lines or involve international borders. Federal law also focuses heavily on the element of force, fraud, or coercion unless the victim is under 18, in which case such elements are not necessary for it to qualify as trafficking.
    • Texas Law: Generally handles cases that occur within the state. The state law also does not require proof of force, fraud, or coercion if the victim is under 18 years old.
  2. Definitions and Focus:
    • Federal Law: Has a very detailed definition that includes various forms of exploitation including forced labor, servitude, and different forms of sexual exploitation. It is very comprehensive in covering a wide array of activities associated with trafficking.
    • Texas Law: Also covers a broad range of trafficking activities but is more concise in its language. The focus is heavily on labor and sexual exploitation, with explicit mention of performances and exhibitions, reflecting a strong stance against sexual exploitation.
  3. Penalties:
    • Federal Law: The penalties can be very severe, with potential life sentences for certain trafficking offenses, especially when they involve children or result in death.
    • Texas Law: Also imposes severe penalties, with trafficking offenses generally classified as first-degree felonies, which can include life imprisonment or lengthy terms depending on the age of the victim and the nature of the offense.
  4. Victim Protection and Services:
    • Federal Law: Provides extensive measures for victim protection, including the possibility for trafficking victims to remain in the U.S. under a T-visa, along with access to various support services.
    • Texas Law: Also includes provisions for victim assistance, although the specifics may vary and generally align with state capabilities and resources. Texas law mandates that victims receive restitution and offers protective orders.

Texas Penal Code Sec. 20A.02 Trafficking of Persons

(a)  A person commits an offense if the person knowingly:

(1)  traffics another person with the intent that the trafficked person engage in forced labor or services;

(2)  receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;

(3)  traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:

(A)  Section 43.02 (Prostitution);

(B)  Section 43.03 (Promotion of Prostitution);

(C)  Section 43.04 (Aggravated Promotion of Prostitution); or

(D)  Section 43.05 (Compelling Prostitution);

(4)  receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);

(5)  traffics a child with the intent that the trafficked child engage in forced labor or services;

(6)  receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services;

(7)  traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:

(A)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(B)  Section 21.11 (Indecency with a Child);

(C)  Section 22.011 (Sexual Assault);

(D)  Section 22.021 (Aggravated Sexual Assault);

(E)  Section 43.02 (Prostitution);

(F)  Section 43.03 (Promotion of Prostitution);

(G)  Section 43.04 (Aggravated Promotion of Prostitution);

(H)  Section 43.05 (Compelling Prostitution);

(I)  Section 43.25 (Sexual Performance by a Child);

(J)  Section 43.251 (Employment Harmful to Children); or

(K)  Section 43.26 (Possession or Promotion of Child Pornography); or

(8)  receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7).

(b)  Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree.  An offense under this section is a felony of the first degree if:

(1)  the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time the actor commits the offense; or

(2)  the commission of the offense results in the death of the person who is trafficked.

(c)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

(d)  If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02:

(1)  is charged in the alternative;

(2)  occurred outside the period in which the offense alleged under Subsection (a)(7)(A) was committed; or

(3)  is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a)(7)(A).

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