Fact SheetonState Anti-Trafficking LawsfromNational Institute on State Policy on Trafficking of Women and GirlsA Program of theCenter for Women Policy StudiesJuly 2005 State Legislative InitiativesThe Center for Women Policy Studies works with state legislators to develop legislative initiatives: - to make trafficking a state felony offense with appropriately harsh punishments for traffickers and protections for the women and girls who have been trafficked into our communities; we urge states to pass criminalization statutes and also to provide for victim protection and assistance programs;
- to create statewide interagency task forces on human trafficking, with a mandate to determine the nature and extent of trafficking in each state and make recommendations for legislative, policy, and programmatic initiatives;
- to regulate “bride trafficking” by commercial “international marriage brokers” (also called “mail order bride” or “international matchmaking” organizations) that operate in the state; and,
- to regulate sex tourism by travel services providers that operate in the state.
The following summary of all state laws addressing trafficking in persons is current as of July 2005 and will be revised following the 2006 state legislative sessions. States are listed below in alphabetical order rather than in order of passage of the legislation. We honor the sponsors of these bills for their leadership and commitment and have listed them at the end of the Fact Sheet. Summary of State Anti-Trafficking Laws Criminalization StatutesLegislatures in Arizona, Arkansas, Florida, Illinois, Kansas, Louisiana, Minnesota, Missouri, New Jersey, Texas, and Washington have enacted laws to make trafficking a state felony offense. Similar legislation is pending in Alaska, California, Delaware, Indiana, Maine, Montana, New Mexico, New York, Oregon, Pennsylvania, South Carolina, and Wisconsin. Arizona: SB 1372 establishes the first degree felony of sex trafficking of a minor under the age of 15 and the second degree felony of attempted sex trafficking of a minor. The bill further establishes two class 2 felonies: sex trafficking; and, trafficking of persons for forced labor or services, and one class 4 felony: unlawfully obtaining labor or services. Additionally, the court is required to order victim restitution. Effective Date: August 12, 2005. Arkansas: HB 2979 establishes the class A felony of trafficking in persons for the purposes of involuntary servitude, peonage, debt bondage, slavery, marriage, adoption or sexual conduct. The bill also creates the class A felony of benefiting financially from trafficking. Effective Date: August 11, 2005. Florida: SB 1962 establishes the first degree felony of sex trafficking for parents, legal guardians, or other persons having custody of a minor who sell, transfer custody, or offer to sell or transfer custody of the minor for the purpose of sex trafficking or prostitution. The bill further establishes two second degree felonies: obtaining forced labor; and, sex trafficking and human trafficking for anyone who knowingly participates in trafficking for purposes of forced labor or prostitution. Any sex trafficking activity that results in death or is committed against a person who is under the age of 14 is considered a first degree felony. Effective Date: October 1, 2004. Illinois: HB 1469 establishes the felony offenses of involuntary servitude, involuntary servitude of a minor, and trafficking of persons for forced labor or services. Such factors as causing or threatening physical harm; destroying, concealing, removing, confiscating or possessing any actual or purported immigration document; and, using intimidation can be used to determine the severity of the charge. The trafficker’s behavior – including commission of sexual assault, extreme violence, or bodily injury – and the number of victims can be considered in sentencing. In addition to sentencing, the court must order restitution to the victim and the forfeiture of any assets obtained as a result of the involuntary servitude or trafficking offenses. Effective Date: January 1, 2006. Kansas: SB 72 establishes the level 2 felony offense of trafficking and the level 1 felony offense of aggravated trafficking. Trafficking is defined as aggravated if it includes kidnapping or attempted kidnapping; the sexual gratification of the defendant or another person; death of the victim; or, trafficking of a person under the age of 18. Effective Date: July 1, 2005. Louisiana: HB 56 establishes the crime of human trafficking, which is punishable by a maximum fine of $10,000 and a maximum sentence of 10 years in prison. If the trafficking is committed for the purposes of commercial sexual activity, the maximum fine is $15,000 and the maximum prison sentence is 20 years. Trafficking of a minor carries a maximum fine of $25,000 and a prison sentence of five to 25 years. Effective Date: August 15, 2005. Minnesota: HB 1 establishes the felonies of labor trafficking; sex trafficking, and unlawful conduct with respect to documents in furtherance of labor or sex trafficking. Labor trafficking is punishable by up to 15 years in prison or a $30,000 fine, or both. Depending on the age of the victim, sex trafficking is punishable by a maximum prison sentence of either 15 or 20 years. The document offense carries a maximum punishment of five years in prison, a $10,000 fine, or both. Effective Date: August 1, 2005. Missouri: HB 1487 makes changes to the laws regarding crimes against persons, establishing: a class A felony of sexual trafficking of a child; class B felonies of abusing an individual through forced labor and of trafficking for either forced labor or sexual exploitation; and, a class D felony of contributing to human trafficking through the misuse of documentation. As part of the sentencing for a human trafficking offense, the court must order the perpetrator to pay restitution to the victim. Victims of any one of these five crimes also shall be afforded the rights and protections provided in the federal Trafficking Victims Protection Act of 2000. Effective Date: August 28, 2004. New Jersey: AB 2730 establishes the first degree felony offense of human trafficking for the purposes of engaging in sexual activity or providing labor or services. The maximum punishment for a trafficking offense is 20 years without parole, or up to life in prison with the possibility of parole after 20 years. The court also must sentence the perpetrator to make restitution to the victim and may order forfeiture of any assets related to the trafficking violation. The Office of Victim-Witness Advocacy or the county prosecutor’s office must ensure that the trafficked individual obtains assistance in receiving any available benefits or services to trafficking victims. Effective Date: April 26, 2005. Texas: HB 2096 establishes the first degree felony of trafficking or transporting of persons who are younger than 14 at the time of the offense or if the commission of the offense results in the death of the person who is trafficked. Otherwise, the offense is a second degree felony. According to the Texas Criminal Justice Policy Council, the punishment range for a first degree felony offense is five to 99 years imprisonment; the range for a second degree felony offense is two to 20 years imprisonment. Effective Date: September 1, 2003. Washington: HB 1175 establishes the class A felony offenses of first and second degree sex trafficking and labor trafficking in the state of Washington. Under standard sentencing guidelines, a first degree offense carries a maximum punishment of 14 years in prison; in the second degree, the maximum sentence is nine years. Such factors as the age of the victim and whether the victim was kidnapped or killed are considered in determining the severity of the charge. Victims of trafficking also may sue for damages and for the cost of bringing the suit; a civil fine of up to $250,000 may also be levied by the court. Effective Date: July 27, 2003. Statewide Interagency Task Forces on Human Trafficking State task forces have been established by statute in Colorado, Connecticut, and Washington. Idaho passed a resolution to authorize the creation of a legislative committee to study human trafficking in that state. Minnesota’s Commissioner of Public Safety is required by statute to conduct an annual trafficking study and submit a report of the findings to the legislature. California took a different approach. In 2004, at the request of Assemblywoman Sally Lieber, Assembly Speaker Fabian Nunez created the Select Committee on Human Trafficking in California, which held informational hearings in the state that were co-sponsored by the California Commission on the Status of Women, the California Women’s Law Center, and the California Women’s Legislative Caucus. In addition, advocacy efforts are underway in several states – led by state women’s organizations, violence against women programs and providers, and anti-trafficking groups – to study the nature and extent of trafficking in the state and make policy recommendations. Colorado: HB 1143 creates an interagency task force on trafficking in persons to: collect and organize data on the nature and extent of trafficking in the state; investigate collaborative models for protecting victims; measure and evaluate the progress of the state in preventing trafficking, protecting victims, and prosecuting traffickers; identify available federal, state, and local programs that provide services to victims; evaluate approaches to increase public awareness of trafficking; analyze existing criminal statutes for their adequacy in addressing trafficking and make recommendations; and, consult with governmental and non-governmental organizations in developing recommendations. The task force is required to report its findings and recommendations to the Judiciary Committees of the House and Senate by January 15, 2007. Effective Date: April 5, 2005. Connecticut: HB 5358 establishes an interagency task force on trafficking in persons to: collect data on the nature of trafficking in the state and evaluate the state’s progress on trafficking; identify available federal, state, and local programs that provide services to trafficking victims; evaluate approaches to increase public awareness of trafficking; analyze and make recommendations regarding existing state criminal statutes’ ability to address trafficking; and, make recommendations on preventing trafficking, assisting victims, and prosecuting traffickers. The task force is required to report its findings and recommendations to the General Assembly by January 1, 2006. Effective Date: October 1, 2004. Idaho: HCR 18 authorizes the Legislative Council to appoint a legislative committee to complete a study on human trafficking. The co-chairs of the committee will appoint non-legislative members of the committee. The committee shall: collect data and present findings on the nature and extent of human trafficking in Idaho; identify available federal, state and local programs that provide services to victims; analyze and make recommendations regarding the ability of existing criminal statutes to address trafficking; and, make recommendations regarding the prevention of trafficking, the prosecution of offenses, and victim assistance. The committee is required to report its findings and recommendations to the Legislature, the Governor, and the Idaho Supreme Court by January 1, 2006. Adopted: April 1, 2005. Minnesota: HB 1 appropriates money for an annual statewide human trafficking assessment, which will be led by the Commissioner of the Department of Public Safety with the assistance of government agencies and nongovernmental organizations. The study will include: the numbers of arrests, prosecutions, and successful convictions of traffickers; statistics on the number of trafficking victims, including demographics, method of recruitment, and method of discovery; trafficking routes and patterns; method of transportation; and, social factors that contribute to and foster trafficking, especially trafficking of women and children. The Commissioner must submit the first report to the Legislature by September 1, 2006. Effective Date: July 1, 2005. Washington: HB 2381 created the Washington State Task Force Against the Trafficking of Persons in 2002 to: measure and evaluate the progress of the state in trafficking prevention activities; identify available federal, state, and local programs that provide services to victims of trafficking; and, make recommendations on methods to provide a coordinated system of support and assistance to victims of trafficking. Effective Date: June 13, 2002. The Task Force expired on March 1, 2003 but was extended until June 30, 2004 (HB 1090). Effective Date: May 14, 2003. HR 4707 recognizes and honors the Office of Crime Victims Advocacy and the Washington State Task Force Against the Trafficking of Persons for its accomplishments in leading the country in taking action against human trafficking. Adopted: March 4, 2004. International Marriage Brokers/International Matchmaking Organizations (IMOs) Regulation of “Bride Trafficking” by Commercial EnterprisesLegislatures in Hawaii, Missouri, Texas, and Washington have passed laws to regulate “international matchmaking organizations” (IMOs) that operate in the state. Hawaii: HB 135 allows persons living abroad who use for-profit matchmaking services to gain access to criminal conviction and marital history information from prospective spouses residing in the United States (“clients”). Each IMO must notify all foreign women (“recruits”) in their native language that criminal history records and marital history information about any Hawaii resident is available upon request. The IMO also must disseminate this information upon request in the recruit’s native language and refrain from providing any further services that facilitate interaction between the recruit and the client until the information has been submitted to the IMO. The punishment for a violation of the law is a fine of up to $500 and up to 30 days imprisonment. Effective Date: January 1, 2004. Missouri: HB 353 requires IMOs to notify each potential recruit that the criminal history information and marital history information of clients are available, upon request, in the recruit’s own language. Basic rights information -- including information about human rights, immigration, emergency assistance and resources, and the legal rights of and resources for victims of domestic violence -- also must be made available to recruits. The IMO must distribute this information no later than 30 days after receiving it, and IMOs that fail to provide the information or willfully provide incomplete or false information are guilty of a class D felony. Effective Date: August 28, 2005. Texas: HB 177 requires IMOs to provide each foreign recruit with the criminal history record information and marital history information of the IMO’s clients and with basic rights information in the recruit’s native language. The IMO must disseminate this information no later than the 30th day after the date it receives the information from the client and must pay the costs incurred to translate this information into the recruit’s native language. The IMO may not provide any further services to the client or recruit until it has obtained the requested information from the client and provided it to the recruit. An IMO that violates the law is subject to a civil penalty not to exceed $20,000 for each violation. Effective Date: September 1, 2003. Washington: SB 6412 requires IMOs to provide information to foreign women, upon request, on state background checks and personal histories of Washington residents seeking to meet foreign women (potential recruits). The IMO must notify all potential recruits that background check and personal history information is available upon request. Once the resident is notified of the recruit’s request for background information, the IMO must refrain from providing any further services that facilitate future interaction between the recruit and the resident until the IMO has obtained the requested information from the resident. Effective Date: September 1, 2002. The language of the bill was slightly amended in 2003 (HB 1826). Effective Date: July 27, 2003. Sex Tourism Hawaii: HB 2020 makes it a class C felony to knowingly sell or offer to sell travel services that include or facilitate travel for the purpose of engaging in prostitution. It authorizes the suspension or revocation of travel agency registration for engaging in these acts. The bill emphasizes that prostitution and sex tourism contribute to the trafficking of persons, and seeks to discourage sex tourism as a way to reduce the demand for sex trafficking. Effective Date: May 19, 2004. SponsorsCriminalization StatutesArizonaSB 1372 Sponsors: Senators Jarrett, Aguirre, Bee, Blendu, Gould, L. Gray, Huppenthal, Johnson, R. Miranda, Waring, Arzberger, Brotherton, R. Burns, Cheuvront, J. Garcia, Hellon, R. Rios, Soltero, Verschoor; Representatives Anderson, Nelson, Paton, Pearce, Pierce, Burges, C. Gray, Lopes, McClure, P. Rios, Robson. Related bill HB 2539 Sponsors: Representatives Paton, Alvarez, J. Burns, Farnsworth, Lopez, McClure, Pearce, Rosati, Biggs, Gallardo, Hershberger, Meza, Pierce, Sinema, Tully; Senator Bee. Related bill SB 1357 Sponsors: Senators Bee, Jarrett, Waring, Harper, Tibshraeny, Verschoor; Representative Paton. Related bill HB 2657 Sponsors: Representatives Gallardo, L. Lopez, Lujan, Sinema, A. Aguirre, Alvarez, Bedford, Chase, Downing, M. Garcia, Davis, Meza, Reagan.Related bill HB 2708 Sponsors: Representatives Sinema, A. Aguirre, Chase, Alvarez, Bradley, Gallardo, M. Garcia, Kirkpatrick, Lujan, Meza, Tom.
ArkansasHB 2979 Sponsor: Representative Elliott. FloridaSB 1962 Sponsors: Senators Wasserman Schultz, Smith, Aronberg, Haridopolos. Related bill HB 865 Sponsors: Representatives Gannon, Brandenburg, Bullard, Fiorentino, A. Gibson, Harrell, Hasner, Holloway, Joyner, Kravitz, Stargel, Zapata. Related bill HB 1977 Sponsors: Representatives Barreiro, Bucher, Fiorentino, Gannon, Joyner, Kallinger, Kottkamp, Rich, Roberson, Sobel. IllinoisHB 1469 Sponsors: Representatives Chavez, Bailey, Soto, Mendoza, Gordon, Delgado, Berrios, Jefferson, Churchill, Daniels, Saviano, McAuliffe, Sullivan Jr., Stephens, Rose, Myers, Lang, D'Amico, Giles, Davis, Flowers, Mautino, Reis, Mitchell, Poe, Brauer, Leitch, Bost, Winters, Tenhouse, Pihos, Krause, Burke, Osterman, Franks, Younge, Granberg, Kelly, Reitz, Molaro, Schock, Smith, Beiser, McGuire, Verschoore, Ryg, Munson, Bellock, Mulligan, Washington, Hamos, Nekritz, Acevedo, Howard, Patterson, Lyons, Bradley, Colvin, Jakobsson, May, Dunkin, Graham, Froehlich, Moffitt, Millner, Lyons, Fritchey, Miller, Rita, Turner, Coulson, Pritchard, Mathias, Meyer; Senators Cullerton, Collins, Martinez, Haine, Althoff. Related bill SB 477 Sponsors: Senators Cullerton, Haine, Dillard, Raoul, Sandoval, Harmon, Collins; Representatives Mathias, Froehlich, Chavez, Bailey, Delgado, Franks, LaVia, Soto. Kansas SB 72 Sponsor: Senator Journey. SB 151 (amendment to SB 72) Sponsor: Senator Jordan.Related bill HB 2004 Sponsor: Representative Ju. Morrison. LouisianaHB 56 Sponsors: Representatives Katz, Doerge, St. Germain, Winston, Scalise, Alexander, Badon, Baldone, Barrow, Baudoin, Bruce, Burns, Cravins, Curtis, Dartez, Dorsey, Dove, Downs, Durand, Erdey, Fannin, Farrar, Frith, Gallot, Glover, Greene, Hammett, Hebert, Hill, Hunter, Hutter, Jackson, Jefferson, Johns, Kennard, Kenney, LaBruzzo, LaFonta, Lancaster, McDonald, Montgomery, Morrell, Morrish, Pierre, Pitre, M. Powell, T. Powell, Quezaire, Schneider, Smiley, G. Smith, Strain, Thompson, Townsend, Trahan, Tucker, Waddell, Walker, Walsworth, White, Wooton. Senator Broome filed the motion to vote on the House bill in the Senate. MinnesotaHB 1 Sponsors: Representatives Smith, Zellers, Meslow, Gazelka, Brod, Lesch, Severson, Cybart, Peppin, Emmer, Gunther, Ruth, Penas, Abeler, Paulsen, Beard, Holberg, P. Nelson, Hoppe, Finstad, Bradley, Erickson, Dill, Kohls, Demmer, Sykora, Tingelstad, Lanning, Wilkin, Samuelson, J. Johnson, Magnus, Simpson, Garofalo, Cornish. Companion bill SB 609 Sponsors: Senators Ranum, Kleis, Fischbach, Reiter, Ruud. SB 1689 (amendment to HB 1) Sponsors: Senators Pappas, Foley, McGinn, Ranum, Limmer. Companion bill HB 1760 Sponsors: Representatives Tingelstad, Knoblach, Clark, Thao, Smith, Murphy, Loeffler, Abeler, Gunther, Mariani, Ellison, Holberg, R. Johnson, Walker, Hornstein, Larson, Dorman, Soderstrom, Meslow, Brod, McNamara, Moe, Liebling, Kahn, Greiling. MissouriHB 1487 Sponsor: Representative Tom Self. SB 1210 (amendment to HB 1487) Sponsors: Senators Bray, Bland, Champion, Coleman, Days, Steelman, Yeckel. New JerseyAB 2730 Sponsors: Assemblymembers Stender, Cohen, Chivukula, Greenstein, Green, Diegnan, Mayer, Eagler, Conners, Payne, Gusciora. Related bill SB 1848 Sponsors: Senators Gill, Inverso, Lance, Kyrillos, Kean, Connors, Allen, Turner. Related bill AB 3213 Sponsor: Assemblymember Baroni. Related bill SB 1877 Sponsors: Senators Inverso, Lance, Kyrillos, Kean, Connors. TexasHB 2096 Sponsors: Representatives Pickett, Lucio. HB 869 (amendment to HB 2096) Sponsors: Representatives Burnam, Peña, Wohlgemuth, Keel, Riddle, Chavez, Christian, Guillen, Hupp, Madden, Menendez, Seaman, Telford, Truitt, Wong. Companion bill SB 1953 Sponsors: Senators Van de Putte, Armbrister, Averitt, Barrientos, Bivins, Brimer, Carona, Deuell, Duncan, R. Ellis, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Janek, Lindsay, Lucio, Madla, Nelson, Ogden, Ratliff, Shapiro, Shapleigh, Staples, Wentworth, West, Whitmire, Williams, Zaffirini. WashingtonHB 1175 Sponsors: Representatives Veloria, Roach, O’Brien, Conway, Clements, Lantz, Linville, Moeller, Delvin, Benson, Darneille, Kenney, Kessler, Simpson, Chase, McMahan, Upthegrove. Companion bill SB 5670 Sponsors: Senators Fraser, Kohl-Welles, Brandland, Kline, Hargrove, Esser, Thibaudeau, Jacobsen, Prentice, B. Sheldon, Winsley. Statewide Interagency Task Forces on Human Trafficking ColoradoHB 1143 Sponsors: Representatives Borodkin, T. Carroll, Curry, Frangas, Lindstrom, Madden, Marshall, Merrifield, Pommer, Todd, Benefield, Berens, Boyd, Cloer, Green, Harvey, Hefley, M. May, McFadyen, McGihon, Riesberg, Romanoff, Solano. Senators Fitz-Gerald, Bacon, Gordon, Groff, Grossman, Hanna, Isgar, Jones, Sandoval, Shaffer, Tapia, Tochtrop, Tupa, Veiga, Williams, Windels. ConnecticutHB 5358 Sponsors: Representatives Stillman, Berger, Boucher, Conway, Crisco, Currey, Godfrey, Gonzalez, Googins, Guerrera, Kerensky, Leone, Lewis, Malone, Martinez, Nafis, Peters, Prague, Roy, Sullivan, Tercyak, Thompson, Willis, Winkler. Senators Crisco, Sullivan, Prague, Ciotto. IdahoHCR 18 Sponsors: State Affairs Committee members -- Representatives Deal, Smylie, Stevenson, Ellsworth, Black, Edmunson, Miller, Ring, Snodgrass, Jones, Garrett, Loertscher, Anderson, Andrus, Hart, Shepherd, Smith, Pasley-Stuart.Contacts: Representatives Boe, Pasley-Stuart, Miller, Field, Wills. MinnesotaHB 1 Sponsors: Representatives Smith, Zellers, Meslow, Gazelka, Brod, Lesch, Severson, Cybart, Peppin, Emmer, Gunther, Ruth, Penas, Abeler, Paulsen, Beard, Holberg, P. Nelson, Hoppe, Finstad, Bradley, Erickson, Dill, Kohls, Demmer, Sykora, Tingelstad, Lanning, Wilkin, Samuelson, J. Johnson, Magnus, Simpson, Garofalo, Cornish. Companion bill SB 609 Sponsors: Senators Ranum, Kleis, Fischbach, Reiter, Ruud.SB 1689 (amendment to HB 1) Sponsors: Senators Pappas, Foley, McGinn, Ranum, Limmer. Companion bill HB 1760 Sponsors: Tingelstad, Knoblach, Clark, Thao, Smith, Murphy, Loeffler, Abeler, Gunther, Mariani, Ellison, Holberg, R. Johnson, Walker, Hornstein, Larson, Dorman, Soderstrom, Meslow, Brod, McNamara, Moe, Liebling, Kahn, Greiling. WashingtonHB 2381 Sponsors: Representatives Veloria, Van Luven, Kenney, Dunshee, Romero, O’Brien, Darneille, Schual-Berke, Chase, Tokuda, Upthegrove, Edwards, Santos, Kagi, Haigh. Companion bill SB 6407 Sponsors: Senators Costa, Kohl-Welles, Kline, Kastama, Thibaudeau.HB 1090 Sponsors: Representatives Veloria, Roach, O’Brien, Bush, Lantz, Clements, Linville, Kenney, Boldt, Sullivan, Upthegrove, Chase, Darneille, Hudgins, Edwards. HR 4707 Sponsor: Representative Veloria. International Marriage Brokers/International Matchmaking Organizations (IMOs) HawaiiHB 135 Sponsors: Representatives Lee, Sonson, Arakaki, Luke, Morita, Leong, Karamatsu, Abinsay, Shimabukuro, Thielen, Ching, Kawakami, Marumoto, Finnegan, Kahikina, Hale, Pendleton. Companion bill SB 875 Sponsors: Senators Chun Oakland, Baker, Fukunaga. MissouriHB 353 Sponsors: Representatives Lipke, Page, J. Brown, Nieves. SB 437 (amendment to HB 353) Sponsor: Senator Bray. HB 177 Sponsors: Representatives McCall, Castro. Senator West. Washington SB 6412 Sponsors: Senators Kohl-Welles, Costa, Prentice, Winsley, Long, Keiser, Benton.Related bill HB 2667 Sponsors: Representatives Veloria, Darneille, Haigh, Delvin, Tokuda, Chase, Santos. HB 1826 Sponsors: Representatives Veloria, McMahan, O’Brien, Kenney, Boldt, Mielke, Santos, Hudgins, Upthegrove, Simpson, Conway. Companion bill SB 5532 Sponsors: Senators Kohl-Welles, Benton, Fraser, Prentice, Carlson, Keiser, Winsley, Schmidt. Sex TourismHawaiiHB 2020 Sponsors: Representatives Arakaki, Chang, Evans, Hale, Karamatsu, Kawakami, Lee, Leong, Luke, Magaoay, Marumoto, Morita, Shimabukuro, Thielen.Companion bill SB 2227 Sponsors: Senators Chun Oakland, Baker, Fukunaga, Kim.
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