Definitions of Human Trafficking - Texas

Defined in Child Protection Law

Citation: Fam. Code § 261.001

The term 'abuse' includes the following acts or omissions by a person:

• Compelling or encouraging the child to engage in sexual conduct (as defined by § 43.01, Penal Code), including conduct that constitutes an offense of trafficking of persons (§ 20A.02(a)(7) or (8), Penal Code), prostitution (§ 43.02(b), Penal Code), or compelling prostitution (§ 43.05(a)(2), Penal Code)
• Causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene (as defined by § 43.21, Penal Code) or pornographic
• Causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child (as defined by § 43.25, Penal Code)
• Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under § 20A.02(a)(5), (6), (7), or (8), Penal Code, or the failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under any of those sections

Definitions of Labor Trafficking

Citation: Penal Code §§ 20A.01; 20A.02

The term 'traffic' means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. The term 'forced labor or services' means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion.

A person commits an offense if the person knowingly does any of the following:

• Traffics another person with the intent that the trafficked person engage in forced labor or services
• Receives a benefit from participating in a venture that involves an activity described above, including by receiving labor or services the person knows are forced labor or services
• Traffics another person and through force, fraud, or coercion causes the trafficked person to engage in conduct prohibited by law, including the following:
  • Prostitution (§ 43.02)

  • Promotion of prostitution (§ 43.03)

    Online promotion of prostitution (§ 43.031)

  • Aggravated promotion of prostitution (§ 43.04)
  • Aggravated online promotion of prostitution (§ 43.041)
  • Compelling prostitution (§ 43.05)
• Receives a benefit from participating in a venture that involves an activity described above or engages in sexual conduct with a person who has been trafficked
• Traffics a child with the intent that the trafficked child engage in forced labor or services
• Receives a benefit from participating in a venture that involves trafficking a child, including by receiving labor or services the person knows are forced labor or services

An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if any of the following apply:

• The offense involves trafficking of a child, regardless of whether the actor knows the age of the child at the time of the offense.
• The commission of the offense results in the death of the person who is trafficked.
• The commission of the offense results in the death of an unborn child of the person who is trafficked.

The term 'coercion' includes the following:

• Destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person's actual or purported government records or identifying information or documents
• Causing a trafficked person, without the person's consent, to become intoxicated to a degree that impairs the person's ability to appraise the nature of the prohibited conduct or to resist engaging in that conduct
• Withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency to appraise the nature of the prohibited conduct or to resist engaging in that conduct

Definitions of Sex Trafficking of Minors

Citation: Penal Code §§ 20A.02; 20A.01

A person commits an offense if the person knowingly does any of the following:

• Traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by law, including the following:
  • Continuous sexual abuse of a young child or children (§ 21.02)
  • Indecency with a child (§ 21.11)
  • Sexual assault (§ 22.011)
  • Aggravated sexual assault (§ 22.021)
  • Prostitution (§ 43.02)
  • Promotion of prostitution (§ 43.03)
  • Online promotion of prostitution (§ 43.031)
  • Aggravated promotion of prostitution (§ 43.04)
  • Aggravated online promotion of prostitution (§ 43.041)
  • Compelling prostitution (§ 43.05)
  • Sexual performance by a child (§ 43.25)
  • Employment harmful to children (§ 43.251)
  • Possession or promotion of child pornography (§ 43.26)
• Receives a benefit from participating in a venture that involves an activity that involves trafficking of a child or engages in sexual conduct with a child who has been trafficked in the manner described in this section

An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

• The offense involves trafficking of a child, regardless of whether the actor knows the age of the child at the time of the offense.
• The commission of the offense results in the death of the person who is trafficked.
• The commission of the offense results in the death of an unborn child of the person who is trafficked.

The term 'child' means a person younger than age 18.