Trafficking

Labor Trafficking vs. Sex Trafficking

Labor trafficking involves compelling a person to perform labor or services through force, fraud, or coercion. Sex trafficking involves compelling a person to engage in commercial sexual activity. Both are serious felonies. Sex trafficking of a minor carries the most severe penalties, up to life in prison.

Penalties for Trafficking

Trafficking of persons is a 2nd degree felony (2 to 20 years) for labor trafficking of an adult. Sex trafficking of an adult is a 2nd degree felony. Sex trafficking of a minor is a 1st degree felony (5 to 99 years or life). Continuous trafficking of persons (§ 20A.03), defined as a pattern of trafficking over 30 days, is a 1st degree felony with a minimum of 25 years.

Federal Trafficking Charges

Human trafficking is also a federal crime under the Trafficking Victims Protection Act (18 U.S.C. § 1591). Federal sex trafficking of a minor carries a mandatory minimum of 10 years and up to life in prison. Federal cases are prosecuted by the U.S. Attorney's Office and investigated by the FBI and Homeland Security.

Mandatory Sex Offender Registration

A conviction for sex trafficking in Texas requires lifetime sex offender registration. This imposes severe restrictions on where you can live and work and is publicly accessible online.

Potential Penalties

• › Labor trafficking (adult): 2nd degree felony (2–20 years
• › Sex trafficking (adult): 2nd degree felony (2–20 years
• › Sex trafficking (minor): 1st degree felony (5–99 years or life
• › Continuous trafficking: 1st degree felony minimum 25 years
• › Federal sex trafficking of minor: 10 years to life mandatory minimum
• › Lifetime sex offender registration

Possible Defenses

• › Lack of knowledge of the trafficking scheme
• › You were also a victim of trafficking
• › Insufficient evidence of force, fraud, or coercion
• › Mistaken identity
• › Entrapment
• › Constitutional challenges to the investigation

Frequently Asked Questions