Select Page

Federal & State Laws

by | Dec 6, 2024 | Human Trafficking - Federal and State Laws

Federal Sex Trafficking Laws in the United States:
  1. Trafficking Victims Protection Act (TVPA) of 2000:
    • This was the first comprehensive federal law to address human trafficking in the U.S. It defines “severe forms of trafficking in persons” which includes:
      • Sex Trafficking: The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, where that act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age.
      1. Definition of Human Trafficking:
        • Sex Trafficking: Involves the use of force, fraud, or coercion to induce a person to engage in a commercial sex act, or any commercial sex act where the person is under 18 years of age.
        • Labor Trafficking: The use of force, fraud, or coercion to compel an individual into labor or services, or for the purpose of debt bondage, involuntary servitude, or slavery.
      2. The “3 P’s” Approach:
        • Prevention: Initiatives to raise awareness, enhance economic opportunities to deter potential victims, and international cooperation to prevent trafficking.
        • Protection: Provides legal protections, immigration relief, and services for victims, including access to benefits similar to those for refugees, regardless of immigration status.
        • Prosecution: Establishes new federal crimes related to trafficking, increases penalties, mandates restitution for victims, and allows for asset forfeiture from traffickers.
      3. Key Provisions:
        • Establishment of Offices and Task Forces:
          • Office to Monitor and Combat Trafficking in Persons at the State Department to oversee international anti-trafficking efforts.
          • Interagency Task Force to Monitor and Combat Trafficking to coordinate federal responses.
        • T Visa: A nonimmigrant visa for victims of severe forms of trafficking, allowing them to remain in the U.S., assist in investigations, and potentially transition to permanent residency.
        • Victim Assistance: Expansion of services for victims, including health care, housing, education, and legal assistance.
      4. Legal Enhancements:
        • New criminal provisions under U.S.C. Title 18 for forced labor, sex trafficking, and related offenses.
        • Mandates for the government to prosecute traffickers more effectively, including attempts to engage in trafficking.
      5. Reporting Requirements:
        • Annual Trafficking in Persons (TIP) Report by the Department of State, assessing global anti-trafficking efforts.
        • Requirement for the Attorney General to report annually on U.S. anti-trafficking efforts.
      6. Reauthorizations:
        • The TVPA has been reauthorized multiple times (2003, 2005, 2008, etc.), each time expanding or refining aspects like:
          • Increasing penalties for sex tourism involving minors.
          • Enhancing victim services, especially for children.
          • Adding provisions for civil remedies for victims.It introduced new federal crimes, increased penalties for existing offenses, provided services and protections for victims, and created the Trafficking in Persons (TIP) Report to assess global anti-trafficking efforts.

            The Trafficking Victims Protection Act (TVPA), enacted in 2000, is a landmark piece of U.S. legislation aimed at combating human trafficking. Here are the key details:
            Core Components:
      Impact and Legacy:
      • Created a comprehensive framework for addressing trafficking in the U.S. and abroad.
      • Encouraged international cooperation and set standards for other countries.
      • Focused on victim-centered approaches, emphasizing the protection and support of victims.
      The TVPA has significantly influenced both U.S. domestic policy and international efforts against human trafficking, establishing a model that many countries have looked to emulate or align with in their own anti-trafficking legislation.
  2. Subsequent Reauthorizations:
    • TVPA Reauthorization Acts: These laws have periodically strengthened the original TVPA by expanding protections and increasing penalties, improving victim services, enhancing prevention strategies, and ensuring more comprehensive law enforcement tools. Notable reauthorizations include:
      • Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003: Added trafficking crimes as RICO predicates, allowing for civil lawsuits by victims against traffickers.
      • TVPRA of 2005: Established grant programs for law enforcement, addressed child trafficking, and improved protections for victims.

      • William Wilberforce TVPRA of 2008: Further refined penalties, protections, and prevention measures, including measures against child marriage and sex tourism.

  3. Justice for Victims of Trafficking Act (JVTA) of 2015:

    • Allows for the seizure of assets from traffickers for victim restitution, expands training for law enforcement, and enhances services for victims. It also modifies the criminal liability of buyers of commercial sex acts from trafficking victims.

  4. Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) and Stop Enabling Sex Traffickers Act (SESTA):

    • Passed in 2018, these laws amend Section 230 of the Communications Decency Act to exclude enforcement of sex trafficking laws from the immunity previously granted to online platforms for user-generated content. This means websites can be prosecuted for knowingly facilitating or profiting from sex trafficking activities.

State Laws:
  • Many states have their own legislation addressing human trafficking, often complementing federal laws. State laws might include:
    • Mandatory reporting of suspected trafficking by certain professionals.
    • Expanded definitions of trafficking to cover various acts that might not be covered under federal law.
    • Specific penalties for sex trafficking, sometimes with harsher punishments if minors are involved.
    • Provisions for victim restitution, expungement of related convictions for victims, or the provision of services like housing, medical care, and legal aid.
Key Points:
  • Criminal Liability: Laws criminalize the act of trafficking, including the recruitment, harboring, transportation, or obtaining of a person for commercial sex acts, especially when minors are involved or when force, fraud, or coercion is used.
  • Victim Services: Federal and state laws often mandate or fund services for victims, including housing, psychological support, medical care, and legal assistance.
  • Prevention and Education: Many jurisdictions include measures aimed at prevention through public awareness, education, and training for those likely to encounter victims (like law enforcement, health professionals, etc.).
Remember, while these laws represent a framework for combating sex trafficking, the interpretation and application can vary, and laws continue to evolve with new legislation aimed at further protecting victims and prosecuting offenders.