TRAFFICKING OF PERSONS

TEXAS PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20A. TRAFFICKING OF PERSONS

The following is a brief explanation of Chapter 20A of the Texas Penal Code regarding Trafficking of Persons. This is not to be construed as legal advice for any particular case. See also the full text of the Chapter 20A. Trafficking of Persons.

What is Trafficking of Persons?

The crime of Trafficking of Persons is governed by Chapter 20A of the Texas Penal Code. Under Section 20A.02, Trafficking of Persons in Texas is defined in eight ways as follows:

• Intentionally transporting, enticing, recruiting, harboring or otherwise causing a person to go into forced labor or services.
• Intentionally participating in and gaining a benefit from a venture of transporting, enticing, recruiting, harboring or otherwise causing a person to go into forced labor or services.
• Intentionally transporting, enticing, recruiting, harboring or otherwise causing another person to be involved in prostitution in any manner.
• Intentionally participating in and gaining a benefit from a venture of transporting, enticing, recruiting, harboring or otherwise causing another person to participate in prostitution or engages in sexual conduction with a person who has been trafficked for prostitution.
• Intentionally transporting, enticing, recruiting, harboring or otherwise causing a person under the age of 18 to go into forced labor or services.
• Intentionally participating in and gaining a benefit from a venture of transporting, enticing, recruiting, harboring or otherwise causing a person under the age of 18 to go into forced labor or services.
• Intentionally transporting, enticing, recruiting, harboring or otherwise causing another person under the age of 18 to be sexually contacted or abused, to be involved in prostitution in any manner, to participate in any type of sexual conduct, to possess or promote child pornography, or work in a job that is harmful to the child.
• Intentionally participating in and gaining a benefit from a venture of transporting, enticing, recruiting, harboring or otherwise causing another person under the age of 18 to be sexually contacted or abused, to be involved in prostitution in any manner, to participate in any type of sexual conduct, to possess or promote child pornography, or work in a job that is harmful to the child.

Trafficking of Persons in Texas is a Second-Degree Felony (2-20 years in Prison) if the trafficked person is age 18 or older at the time of the offense and is a First-Degree Felony (5-99 years in Prison) if the trafficked person is under age 18 at the time of the offense.

The defendant is charged with the First-Degree offense for violations against children under age 18 even if the defendant was not aware that the child was under age 18. The defendant is charged with the First-Degree offense if the trafficked person dies because of the trafficking offense committed against the person.

What is Continuous Trafficking of Persons?

The crime of Continuous Trafficking of Persons is governed by Chapter 20A of the Texas Penal Code. Under Section 20A.03, Continuous Trafficking of Persons in Texas is defined as follows:

Intentionally repeating the offense of TRAFFICKING OF PERSONS. If a person traffics another person in any of the eight ways listed above, and they commit that offense two or more times during a period that is 30 days or more, then they may be charged with Continuous Trafficking of Persons.

Continuous Trafficking of Persons is a First-Degree Felony (enhanced) punishable by at least 25 years in Prison, up to 99 years in Prison (or Life).