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8/27/2008 6:22:27 PM EST
North America
US Laws on Human Trafficking
Posted by Rule of Law Resource Center Staff
This Chart , submitted by and compiled in large part by or for Christopher A. Mohr of Meyer, Klipper & Mohr, PLLC, contains for ready reference some of the proposed legislation or existing laws relevant for working on human trafficking issues in the Untited States and a brief summary of each state' s legal status:
 
 
 
State Codes for Human Trafficking
 
 
Alabama
California  Assembly
Florida  (original bill)
Florida  (amended bill)
Illinois  (HB 1469)
Illinois (HB 1299)
Texas  (HB 2096)
Texas  (SB  1288)
 


A person who knowingly subjects another person to forced labor or services, or recruits, entices, harbors, transports, provides, or obtains by any means another person knowing that the person will be subjected to forced labor or services.
 
 
Alabama
 
None
 
Alaska
 
Alaska Stat. § 11.41.360  (2008)
Human trafficking in the first degree is a class A felony.
Alaska Stat. § 11.41.365  (2008)
Deriving financial benefit from human trafficking is a class B felony.
Arizona
 
A.R.S. § 13-1306 (2008)
Unlawfully obtaining the labor or services of another is a class 4 felony.
A.R.S. § 13-1307 (2008)
Trafficking in person for sexual service is a class 2 felony. If victim is under 15 years of age the crime is classified as a dangerous crime against children.
A.R.S. § 13-1308 (2008)
Trafficking in persons for forced labor or services or benefiting financially from participation in trafficking is a class 2 felony.
A.R.S. § 13-1309 (2008)
Victim may receive restitution including the income or value to the defendant of the victims labor or services or the value of the victims labor under the Fair Standards Labor Act.
A.R.S. § 13-2319 (2008)
Smuggling humans for profit is a class 4 felony. If the human smuggled is under 18 the crime is a class 2 felony. *** Note: re Immigration Law.
Arkansas
 
A.C.A. § 5-11-108  (2008)
Trafficking of persons for peonage, debt bondage, slavery, marriage, adoption, or sexual conduct or benefiting financially from trafficking is a class A felony.

California
 
Cal Evid Code § 1038 (2007)
Trafficking victim has privilege to refuse disclosure of confidential communication between trafficking caseworker and victim.
Cal Evid Code § 1038.1 (2007)
The court may compel disclosure of information received from caseworker if probative value outweights the effect of disclosure. The court may order the information disclosed in chambers.
Cal Pen Code § 236.1 (2007)
Anyone depriving or violating the personal liberty of another to obtain forced labor or services is guilty of human trafficking and is punishable by 3, 4, or 5 years. If victim is under eighteen then punishment is 4, 6, or 8 years.
Cal Pen Code § 236.2 (2007)
Law enforcement officials must within fifteen days provide letters that satisfy the Law Enforcement Agency Endorsement regulations. The letter will establish the dates, locations, and descriptions of human trafficking violations.
Cal Pen Code § 273.7 (2007)
To publish or make known the location of a trafficking shelter without consent from shelter is a misdemeanor.
Cal Pen Code § 13519.14 (2007)
Creates a police training program to teach law enforcement how to better handle trafficking cases and victims.
Cal Pen Code § 14023 (2007)
Human trafficking is a top priority for the Attorney General.
Cal Civ Code § 52.5 (2007)
A trafficking victim may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. In any damages the victim may be awarded three times his or her actual damages or 10,000 whichever is greater.
Cal Gov Code § 13956 (2007)
The board may determine a trafficking victim ineligible for compensation
Cal Wel & Inst Code § 13283 (2007)
Non citizen trafficking victims have access to refugee cash assistance and employment services.
Cal Wel & Inst Code § 14005.2 (2007)
Non citizen trafficking victims have access to healthcare services provided to refugees.
Cal Wel & Inst Code § 18945 (2008)
Trafficking Victims are eligible for refugee social services for one year after which they must have a visa or be in the process of obtaining a visa to continue services.
 
Colorado
 
C.R.S. 18-1.8-101 (2007)
An interagency task force studies and improves the state’s ability to combat human trafficking.
C.R.S. 18-6-402 (2007)          
The commercial transaction of a person under the age of sixteen is a class 3 felony.
C.R.S. 18-6-404 (2007)
The commercial transaction of a child for sexual exploitation is a class 3 felony
C.R.S. 18-13-127 (2007)
Human trafficking of an adult is a class 3 felony unless the victim is illegally present in U.S. which is a class 2 felony.
C.R.S. 18-13-128 (2007)
One who receives money to help another travel through the U.S. in violation of immigration laws is guilty of smuggling in persons which is a class 3 felony. *** Re: Immigration Law.
C.R.S. 18-13-129 (2007)
Coercion of involuntary servitude is class 6 felony.
Connecticut
 
Conn. Gen. Stat. § 46a-4b (2008)
A training program on human trafficking is available to local law enforcement.
Conn. Gen. Stat. § 46a-170 (2008)
A trafficking in persons council is responsible for addressing human trafficking issues in the state.
Conn. Gen. Stat. § 52-571i (2008)
Victim of trafficking may bring civil suit to receive actual damages, statutory damages of not more than one thousand per day victim was coerced and attorney’s fees.
Conn. Gen. Stat. § 53a-192 (2008)
Compelling or coercing one to engage in conduct which the person has a legal right to abstain from by instilling fear is a class A misdemeanor. If the threat is to commit a felony, coercion is a class D felony.
Conn. Gen. Stat. § 53a-192a (2008)
Coercing , as defined above, one to work or prostitute is a class B felony.
Conn. Gen. Stat. § 54-234 (2008)
The Office of Victim Services creates a response system for victims of human trafficking.
Conn. Gen. Stat. § 31-51vv (2008)
An employer knowingly employing coerced activity is open to civil litigation from Attorney General.
Conn. Gen. Stat. § 53a-82 (2008)
Coercion is a valid defense against prosecution for prostitution.   
Conn. Gen. Stat. § 53-394 (2008)
Racketeering includes coercing another to commit a crime.
Delaware
 
11 Del. C. § 787 (2008)
The crime of holding another in involuntary servitude:
            - by causing or threatening to cause physical harm is a class B felony.
            - by physically restraining or threatening to is a class B felony.
            - by abusing the law or legal process or threatening to is a class C felony.
            - by manipulating immigration documents or government ID is a class E felony.
            - by using blackmail, financial control, or threatening financial harm is a class F     felony.
 
The crime of trafficking a minor for sexual services
            - between the ages of 14 and 18 without overt force is a class C felony.
            - under the age of 14 without overt force is a class B felony.
            - using over force is a class A felony.
 
The crime of trafficking a person knowing that person will have body parts removed for sale is a class A felony.
 
Restitution is mandatory. Victims will receive the greater of the gross income or value of victim’s services or the value of the victim’s labor under the Fair Labor Standards Act.
The attorney General and Department of Health and Social Services will issue reports outlining how the laws and services respond to or fail to respond to trafficking victim’s needs.
 
District of Columbia
 
None
 
Florida
 
Fla. Stat. § 409.9531 (2008)
The Dept of Children and Family Services will make sure trafficking victims have access to the same cash, medical, and social services programs available to refugees. They will also provide education and raise awareness about trafficking to employers and other organizations.
Fla. Stat. § 787.06 (2008)
Trafficking or benefit from trafficking is a felony of the second degree.
The criminal Justice Standards and Training Commission will establish training for law enforcement in the subjects of investigating and preventing human trafficking.
Fla. Stat. § 796.035 (2008)
Trafficking minors for sexual service is a first degree felony
Fla. Stat. § 796.045 (2008)
Trafficking humans for sexual service is a second degree felony
If the trafficking results in death or victim is the crime is a first degree felony
Fla. Stat. § 772.104 (2008)
Trafficking victims may through civil action get threefold amount of actual damages and reasonable attorney’s fees. Absolutely no punitive damages.
Georgia
 
O.C.G.A. § 16-5-46  (2008)
Trafficking for labor or sexual servitude is punishable by 1-20 years.
Trafficking for labor or sexual servitude with a minor is 10-20 years.
Hawaii
 
None…Pending
Idaho
 
Idaho Code § 18-5601  (2008)
Anyone who imports or exports anyone for prostitution is guilty of interstate trafficking punishable by 2 – 20 years or 1 to 50 thousand dollars in fines or both.
Idaho Code § 18-8602  (2008)
Sex trafficking is a commercial sexual act induced by force, fraud, or coercion or in which the participant is not eighteen years of age.
Trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through force, fraud or coercion for involuntary servitude, peonage, debt bondage, or slavery.
Idaho Code § 18-8603  (2008)
The crime of trafficking is up to twenty five years in state prison but is not limited to twenty five years if other offences afford greater punishments.
Idaho Code § 18-8604  (2008)
The court shall order restitution or whichever is greater, the gross income or value of victims labor or services or the value of victim’s services under the Federal Fair Labor Standards Act. The court shall also order the defendant to pay for the mental and physical rehabilitation of the victim.
Idaho Code § 18-8605  (2008)
The Attorney General and Department of health and welfare shall issue reports outlining how existing laws and social programs respond to or fail to respond to the problems of human trafficking.
Illinois
 
720 ILCS 5/10A-10  (2008)
Subjecting, attempting to subject, or conspiring to subject, another person to forced labor or services
            - by causing or threatening physical harm is a class X felony.
            - by physically restraining or threatening to is a class 1 felony.
            - by abusing the law or legal process is a class 2 felony.
            - by manipulating immigration documents is a class 3 felony.
            - by intimidating, financial control, or financial harm is a class 4 felony.
Trafficking in minors for sexual services
            - involving a minor between 17 and 18 not involving overt force is a class 1 felony.
            - involving a minor under 17 not involving force is a class X felony.
            - using overt force or threat is a class X felony.
Trafficking for forced labor or services or benefiting financially from trafficking is a class 1 felony.
If the violation involves kidnapping, sexual assault, attempt at sexual assault, or attempt of murder the crime is a class X felony.
There are increased penalties for bodily harm and number of victims. Cases involving more than 10 victims afford greater sentences.
Restitution is mandatory and is the greater of the gross income or value of victim’s labor or services or the value of victim’s services under the Federal Fair Labor Standards Act.
The Department of Human Services may provide services and assistance to trafficking victims.
720 ILCS 5/10A-15  (2008)
The Offender must forfeit all assets acquired and maintained while violating trafficking laws. The proceeds are split half to the State and state agencies that worked on the investigation and half into the Violent Crime Victims Assistance Fund.
720 ILCS 5/10A-20  (2008)
Trafficking victims have access to a special immigrant visas and federal services.
740 ILCS 128/20  (2008)
A victim shall be entitled to all the relief that would make him or her whole including
            -declaratory relief
            -injunctive relief,
            - court costs and attorney fees
            - compensatory damages
            - economic loss
            - damages for death, injury, disease, mental and emotional harm and physical        impairment
            - punitive damages
            - damages in the amount of the gross revenue received by defendant.


740 ILCS 128/25  (2008)
Outlines non defenses to civil action for damages
Indiana
 
Burns Ind. Code Ann. § 35-42-3.5-1  (2008)
Trafficking for labor or sexual services is a class B felony. Trafficking under a person under 18 yrs of age is a class A felony. One paying, offering to pay, or agreeing to pay for knowingly coerced services is guilty of a class C felony.
Burns Ind. Code Ann. § 35-42-3.5-2  (2008)
Restitution is ordered for the victim.
Burns Ind. Code Ann. § 35-42-3.5-3  (2008)
The trafficking victim has cause of action for actual and punitive damages, court costs and attorney fees for up to two years after trafficking conviction.
Burns Ind. Code Ann. § 35-42-3.5-4  (2008)
A trafficking victim may not be detained in a facility that is inappropriate to the victims status, may not be penalized due to being a victim of the offense, will be afforded protection if in danger, and will not have his or her name disclosed to the public.
Burns Ind. Code Ann. § 5-2-1-9  (2008)
Sex trafficking victim training is mandatory for law enforcement.
Iowa
 
Iowa Code § 710A.2 (2008)
The crime of human trafficking is a class D felony, if the victim is under 18 then the felony is a class C felony.
If the crime of human trafficking involves causing harm or threatening to cause harm then crime is a class C felony, and if the victim is under eighteen the crime is a class B felony.
Iowa Code § 710A.3 (2008)
Victim of trafficking is an affirmative defense to prosecution.
Iowa Code § 710A.4 (2008)
The gross income of the defendant of value of labor will be considered for restitution.
Iowa Code § 710A.5 (2008)
Law enforcement shall notify the attorney general of trafficking violations. The attorney general will notify the department of justice and proceed towards getting the victim a special visa.
Iowa Code § 915.51 (2008)
Regardless of immigration status trafficking victims have same rights and same right to compensation.
Iowa Code § 80B.11 (2008)
Law enforcement must receive training on how to deal with human trafficking.
 
Kansas
 
K.S.A. § 21-3446 (2006)
Trafficking or benefiting from trafficking is a level 2 personal felony.
K.S.A. § 21-3447 (2006)
Aggravated trafficking is trafficking involving kidnapping, sex, death, or involving a victim under 18 and is a level 1 felony. If the victim is less than 14 it is an off grid personal felony. Off grid means no sentencing recommendations or requirements.
 
Kentucky
 
KRS § 431.063  (2008)
A victim of human trafficking will not be prosecuted or incarcerated for an offense arising from human trafficking.
KRS § 529.100  (2008)
Trafficking is a class C felony. If trafficking includes physical injury then it is a class B felony. If victim is under 18 then class is automatically moved up one classification.
KRS § 529.110  (2008)
Financial benefit from trafficking is a class D felony. If victim is under 18 then crime is a class C felony.
KRS § 422.295  (2008)
The victim of trafficking has the privilege of preventing disclosure of information shared between trafficking caseworker and victim.
Lousiana
 
La. R.S. 14:46.2  (2008)
The crime of trafficking is punished by not more than ten thousand and hard labor for not more than ten years.
If the trafficking offense involves sexual trafficking then punishment is limited to fifteen thousand dollars and no more than twenty years hard labor.
If the trafficking offense involves someone under eighteen then the offense is limited to twenty five thousand dollars and no less and no more than five and twenty year hard labor respectively.
Maine     
 
None…Pending
 
Maryland
 
Md. CRIMINAL LAW Code Ann. § 11-303 (2008)
Human trafficking for sexual services is a misdemeanor with imprisonment not to exceed 10 yrs and a fine not to exceed 5,000 or both.
Human trafficking for sexual services with a minor is a felony with punishment not exceeding 25 yrs and a fine not exceeding 15,000 or both.
Massachusetts
 
None…Pending
Michigan
 
MCLS § 750.462b (2008)
The crime of forced labor or services on threat of or cause of physical harm is a felony of not more than 10 years.
If the offense causes injury the punishment is not more than 15 years.
If the offense causes death then punishment is life in prison or any term of years.
MCLS § 750.462c (2008)
The crime of forced labor or services on threat of or physical restraint is a felony with punishment see MCLS § 750.462b
MCLS § 750.462d (2008)
The crime of forced labor or services on threat of or abuse of law punishment is a felony with punishment see MCLS § 750.462b
MCLS § 750.462e (2008)
The crime of forced labor or services by manipulating immigration or national ID papers is a felony with punishment see MCLS § 750.462b
MCLS § 750.462f (2008)
The crime of forced labor or services on threat of or blackmail is a felony with punishment see MCLS § 750.462b
MCLS § 750.462g (2008)
Trafficking a minor for sexual services is a felony of not more than 20 years.
MCLS § 750.462h (2008)
Benefiting financially from trafficking is a crime with the same punishment accorded in MCLS § 750.462b
MCL § 750.462i
If the crime of trafficking involves kidnapping or attempt of, criminal sexual conduct or attempt of, or an attempt to kill the punishment is life or any number or years.
Minnesota
 
Minn. Stat. § 299A.785 (2007)
The commissioner of the Trafficking Study will use statistical information and governmental agency information to publish a yearly report on trafficking available to the public
Minn. Stat. § 299A.79 (2007)
The public safety commissioner will use the yearly report to create a training plan for identifying and helping trafficking victims, prosecuting traffickers, and increasing public awareness.
Minn. Stat. § 299A.795 (2007)
The public safety commissioner may review the existing services available to trafficking victims and recommend new plans to better serve the victims needs.
Minn. Stat. § 299A.7955 (2007)
A 22 member task force will assist the safety commissioner in combating human trafficking.
Minn. Stat. § 299A.7957 (2007)
The government will contract with a non profit to create a 24 hour toll free hotline for human trafficking.
Minn. Stat. § 609.282 (2007)
Labor trafficking with a victim under eighteen is a felony with not more than 20 years or $40,000
fine or both.
If the victim is over eighteen the felony is no more than 15 years in prison or a 30,000 fine or both
Minn. Stat. § 609.283 (2007)
Any confiscation or destruction of immigration or nation ID documents that are of another person
is a felony with five years or $10,000 or both. If the victim is under eighteen the felony is up to ten years in prison or a $20,000 fine or both.
Minn. Stat. § 609.284 (2007)
The consent or age of victim is not a defense for human trafficking.
Trafficking victim may bring civil suit for punitive damages, attorney fees and other
litigation costs.
If a corporation is convicted of trafficking the court may order dissolution, revoke licenses, and a surrender of charter.
 
Mississippi
 
Miss. Code Ann. § 97-3-54.1  (2008)
Human trafficking or benefiting from trafficking is a felony no more than twenty years.
If the trafficking involves a minor with sexual activity then the crime is a felony with up to thirty years in prison.
Miss. Code Ann. § 97-3-54.2  (2008)
Concealing or destroying passports or immigration documents to purposefully restrict one’s liberty to move in order to maintain the person’s labor or services shall be punished by no more than five years in prison.
Miss. Code Ann. § 97-3-54.3  (2008)
One conspiring with another to violate trafficking laws is considered a principle and will be indicted and punished as such regardless of the other principle’s conviction.
Missouri
 
§ 566.206 R.S.Mo.  (2008)
The crime of trafficking for slavery, involuntary servitude, peonage, or forced labor is a class B felony.
§ 566.209 R.S.Mo.  (2008)
The crime of trafficking for sexual services is a class B felony.
§ 566.212 R.S.Mo.  (2008)
The crime of sexual trafficking of a child is a class A felony.
§ 566.213 R.S.Mo.  (2008)
Sexual Trafficking of a child under the age of twelve is a felony for which the authorized term of imprisonment is life in prison with parole after twenty five years served.
566.215 R.S.Mo.  (2008)
The crime of contributing to human trafficking through misuse of documentation is a class d felony.
Montana
 
Mont. Code Anno., 45-5-306 (2007)
One convicted of the crime of human Trafficking for involuntary servitude shall be imprisoned for a term of not more than fifteen years or fine an amount up to $100,000 dollars, or both.
If the trafficking involves kidnapping, sexual intercourse without consent, or deliberate homicide, then the punishment is life in prison or up to 100 years or a fine of up to $100,000 dollars or both.
Nebraska
 
R.R.S. Neb. 28-831  (2008)
Subjecting another to forced labor or services by:
            - the threat of or serious injury is a Class III felony
            - the threat of or physical restraint is a Class III felony
            - the threat of or concealing or destroying immigration documentation is a class IV            felony.
            - the threat of or financial harm is a Class I misdemeanor
Trafficking for sexual services of a minor with the threat of or overt physical force is a class II felony.
Trafficking for sexual services of a minor under fifteen with or without force is a class II felony.
Trafficking for sexual services of a minor between fifteen and eighteen without force is a class III felony.
Financially benefiting from trafficking is a class IV felony.
R.R.S. Neb. 28-832  (2008)
The Attorney General and Department of Health will issue reports on how the current laws and services are addressing or failing to address the issues of human trafficking.
Nevada
 
Nev. Rev. Stat. Ann. § 200.464  (2007)
Trafficking for involuntary servitude and benefiting from is a category B felony and shall be punished by more than 1 year but less than 15 yrs in state prison, and may further be punished by fines up to $50,000 dollars.
Nev. Rev. Stat. Ann. 200.467  (2007)
Trafficking in persons for financial gains is a B felony punishable by not less than 1 year and not more than 10 years in prison and not more than $50,000.
Nev. Rev. Stat. Ann. 200.468  (2007)
Trafficking in persons for illegal purposes is a B felony punishable by not less than one year and not more than twenty in prison and not more than $50,000.
Nev. Rev. Stat. Ann. § 200.465  (2007)
Assuming ownership rights over another person is a category B felony and is punished by a prison term of not less than 5 years and not more than 20 years and not more than $50,000.
New Hampshire
 
None…Pending
New Jersey
 
N.J. Stat. 2C:13-8 (2008)
Human trafficking is a crime of the first degree with 20 years in prison with no parole or between 20 years and life with parole after twenty years served.
Trafficking victim is an affirmative defense to prosecution.
Restitution to the victim shall be ordered and is the greater of the income or value of victim’s labor or the value of the victim’s labor as determined by the New Jersey Prevailing Wage Act.
N.J. Stat. 2C:41-1 (2008)
Human trafficking is categorized under organized crime.
N.J. Stat. 52:4B-11 (2008)
Compensation can be ordered for personal injury to victims of human trafficking.
N.J. Stat. 52:4B-44 (2008)
The Attorney General is responsible for creating protocols for the provision of services and information to human trafficking victims. The Attorney General shall through the Office of Victim-Witness Advocacy coordinate protocols to provide information and social services to trafficking victims.
New Mexico
 
None….Pending
New York
 
NY CLS Penal 135.35  (2008)
Labor Trafficking – by physical force or any scheme to compel another human to engage in labor is a class D felony.
NY CLS Penal 135.36  (2008)
A victim of labor trafficking will not be deemed to be an accomplice
NY CLS Penal 230.34  (2008)
One who intentionally advances or profits from prostitution is guilty of trafficking which is a class B felony.
NY CLS Penal  230.36  (2008)
A victim of sex trafficking will not be deemed to be an accomplice.
NY CLS Soc Serv 483-bb (2008)
The office of temporary and disability assistance may offer services to victims of human trafficking
NY CLS Soc Serv 483-cc  (2008)
As soon as law enforcement has a first encounter with a human trafficking victim they will notify the office of temporary and disability assistance.
NY CLS Soc Serv 483-dd (2008)
At the request of the trafficking victim the law enforcement or DA will provide the victim with the US citizenship Form I-914 Declaration of Law Enforcement Officer for Victim of Trafficking in Persons.
NY CLS Soc Serv 483-ee (2008)
An interagency task force created to collect and organize data on trafficking, identify available social services, strengthen state and local efforts to preventing trafficking and protecting victims, establish interagency protocols, increase public awareness, evaluate training programs for law enforcement, and measure the progress of the state in combating human trafficking.
North Carolina
 
N.C. Gen. Stat. § 14-43.11  (2008)
Human trafficking is a Class F felony if victim is an adult. It is a Class C felony if victim is a minor.
Non legal residents who are trafficking victims are eligible for any state services.
N.C. Gen. Stat. § 14-43.12  (2008)
Holding another human in involuntary servitude is a class F felony and a class C felony if the victim is a minor.
This law does not apply to unemancipated minors and their parents.
N.C. Gen. Stat. § 14-43.13  (2008)
Subjecting or maintaining another person in sexual servitude is a class F felony, of a minor it is a Class c felony.
N.C. Gen. Stat. § 15C-1  (2008)
Human trafficking victims may take part in the Address Confidentiality Program.
 
 
North Dakota
 
None
 
Ohio
 
None…Pending
 
Oklahoma
 
21 Okl. St. § 866  (2008)
Trafficking in minors is a felony punishable by up to 10 years of a fine up to $10,000 dollars or both.
21 Okl. St. § 867  (2008)
The first conviction of trafficking in minors is a felony and is punishable by more than but less than 1 and 3 years respectively. A second offense is no less than three years.
 
Oregon
 
ORS § 30.867 (2007)
Victim of trafficking can receive special and general damages including emotional distress in civil court. Victim can receive punitive damages and attorney fees. Civil Action must be within six years of conduct.
ORS § 163.263 (2007)
Forcing or attempting to force another to engage in services through financial or immigration threats, abuse of the law, collecting unlawful debt, and fear of withholding life necessities is a class C felony.
ORS § 163.264 (2007)
Forcing or attempting to force another to engage in services by causing or threatening physical harm or death and restraining an individual is a Class B felony.
ORS § 163.266 (2007)
If one takes part in trafficking or benefits financially from trafficking in persons the crime is a class B felony.
 
Pennsylvania
 
18 Pa.C.S. § 3002 (2007)
A person trafficking or attempting to traffic another knowing the person will be subjected to forced labor is a second degree felony. The crime is a first degree felony if the victim is physically harmed or under eighteen.
18 Pa.C.S. § 3003 (2007)
Person convicted can be ordered to pay restitution to victim including the greater of the income or value of services performed or the value of services based on minimum wage.
These restitutions do not preclude any other damages.
18 Pa.C.S. § 3004 (2007)
All assets, domestic or foreign, of a person convicted of trafficking in persons are forfeited to the District Attorney.
42 Pa.C.S. § 9720.2 (2007)
Anyone convicted of trafficking while violating kidnapping, rape, or involuntary sexual act laws will be sentenced to a maximum term of life in prison.
 
Rhode Island
 
R.I. Gen. Laws § 11-67-2  (2008)
Taking part in a conspiracy to subject another person to forced labor to commit commercial sexual activity is subject to up to 20 years in prison or a fine up to 20 thousand dollars or both..
If the victim is between the age of 17 and eighteen the punishment is capped at 30 years and 30 thousand dollars or both.
If the victim is under 17 the punishment is capped at 40 years or 40 thousand dollars or both.
R.I. Gen. Laws § 11-67-3  (2008)
Anyone financially benefiting from trafficking is subject to 20 years in prison and fine up to 20 thousand dollars or both.
R.I. Gen. Laws § 11-67-4  (2008)
The court will order restitution to the victim of the greater of either the income or value of victim’s services or the value of the victim’s labor under the minimum wage law.
R.I. Gen. Laws § 11-67-5  (2008)
The convicted person must forfeit all assets that he or she acquired or maintained while in violation of trafficking laws.
 
 South Carolina
 
S.C. Code Ann. § 16-3-930 (2007)
One guilty of trafficking in persons for forced labor or services must be imprisoned for not more than fifteen years.
 
South Dakota
 
None
 
Tennessee
 
None…pending
 
Texas
 
Tex. Penal Code § 20A.02  (2007)
Trafficking or benefiting from trafficking, including receiving services knowingly forced, is a felony in the second degree.
If victim dies as a result of the trafficking or victim is under eighteen then the felony is a felony of the first degree.
Tex. Gov't Code § 420.008  (2007)
The Sexual Assault Program Fund can will support programs for victims of human trafficking.
Tex. Civ. Prac. & Rem. Code § 125.045  (2007)
 
Utah
 
None…pending
 
Vermont
 
None
 
 
Va. Code Ann. § 30-287  (2008)
The Commission on Human Trafficking is dedicated to studying trafficking and creating a framework for the state to address human trafficking victims and human trafficking violations. The Commission will recommend policies, review existing services, evaluate approaches by local and state agencies to raise awareness, and report to the Attorney General an annual report.
 
Washington
 
Rev. Code Wash. (ARCW) § 7.68.350  (2008)
The state task force will measure and evaluate the states progress in prevent trafficking, identify and evaluate services to trafficking victims, and shall issue a report to the governor.
Rev. Code Wash. (ARCW) § 9A.40.100  (2008)
Trafficking or benefiting from trafficking is a felony in the second degree.
When trafficking results in death, has a sexual motivation, or involves kidnapping it is a felony in the first degree.
Both crimes are class A felonies.
Rev. Code Wash. (ARCW) § 7.68.360  (2008)
 
West Virginia
 
None
 
Wisconsin
 
None…Pending
 
Wyoming
 
None
 
 
 
 
 
 
 





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