Responding to Child Victims of Human Trafficking - Mississippi

Date: December 2018

State Agency Responsibilities

Citation: Ann. Code § 43-21-105; Code of Rules § 18-006-102

The term 'abused child' includes a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act by any person, without regard to the relationship of the person to the child.

In regulation: The term 'sex trafficking victim' means an individual who has been subjected to the recruitment, harboring, transportation, provision, or obtaining of a person for the purposes of a commercial sex act, in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not reached age 18, as defined by the Trafficking Victims Act of 2000.

The individuals defined above are eligible for the same child protective services as any other abused or neglected child. No services specific to a child trafficking victim is described in the statutes and regulations reviewed.

Training Requirement

No training specific to human or sex trafficking is described in the statutes and regulations reviewed.

Diversion From Prosecution

Citation: Ann. Code § 97-3-54.6

At any time after a conviction for human trafficking under this act, the court in which the conviction was entered may, upon appropriate motion, vacate the conviction if the court finds the defendant's participation in the offense was the result of being a victim. Official documentation from a Federal, State, or local government agency as to the defendant's status as a victim at the time of the offense creates a presumption that the defendant's participation in the offense was a result of being a victim, but official documentation is not required to grant a motion under this subsection.

Services and Supports for Victims

No services specific to a child trafficking victim are described in the statutes and regulations reviewed.

Support for Anti-Trafficking Efforts

Citation: Ann. Code § 97-3-54.8

There is hereby created in the State Treasury a special fund to be known as the Relief for Victims of Human Trafficking Fund. The fund shall be used by the Mississippi Attorney General's office solely for the administration of programs designed to assist victims of human trafficking; to conduct training on human trafficking to law enforcement, court personnel, attorneys, and nongovernmental service providers; and to support the duties of the statewide human trafficking coordinator.