Trafficking of Persons

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

It is a second degree felony to knowingly traffic in people who one knows will be forced to labor, or knowingly to benefit from participating in a venture involving such traffic.
It is a first degree felony to traffic in minors (whether or not the actor knows the trafficked person is a minor), or to cause the death of someone in the course of trafficking in him.

Statute(s)

§ 20A.02. TRAFFICKING OF PERSONS.

(a) A person commits an offense if the person knowingly:
(1) traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or
(2) benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services.

(b) Except as otherwise provided by this subsection, an offense under this section is a felony of the second degree. An offense under this section is a felony of the first degree if:

(1) the applicable conduct constitutes an offense under Section 43.05 or 43.25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense, regardless of whether the actor knows the age of the child at the time the actor commits the offense; or
(2) the commission of the offense results in the death of the person who is trafficked.

(c) If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.

Added by Acts 2003, 78th Leg., ch. 641, § 2, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 258, § 16.02, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 849, § 5, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 1002, Sec. 7, eff. September 1, 2009.