Trafficking of Persons

Chapter 20a of the Texas Penal Code places restrictions on the trafficking of persons.

“Trafficking of Persons”, as per §20a.02 of the Texas Penal Code, occurs when:

A person knowingly traffics another person with the intent that the trafficked person engages in forces labor or services
a person receives a benefit from participating in a venture that involves: forced labor or services, sexual conduct, or trafficking
A person traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in: Prostitution, Promotion of Prostitution, Aggravated Promotion of Prostitution, or Compelling Prostitution
A person receives a benefit from participating in a venture involved in Prostitution, promotion of Prostitution, Aggravated Promotion of Prostitution, or Compelling Prostitution
A person traffics a child and by any means causes the trafficked child to engage in, or become the victim of: Continuous Sexual Abuse of Young Child or Children, Indecency with a Child, Sexual Assault, Aggravated Sexual Assault, Prostitution, Promotion of Prostitution, Aggravated Promotion of Prostitution, or Compelling Prostitution, Sexual Performance by a Child, Employment Harmful to Children, Possession or Promotion of Child Pornography
Or the person receives a benefit from a venture which engages in: Continuous Sexual Abuse of Young Child or Children, Indecency with a Child, Sexual Assault, Aggravated Sexual Assault, Prostitution, Promotion of Prostitution, Aggravated Promotion of Prostitution, or Compelling Prostitution, Sexual Performance by a Child, Employment Harmful to Children, Possession or Promotion of Child Pornography

Trafficking of persons is a second degree felony and carries a term of imprisonment ranging from 2-20 years, as well as fine up to $10,000. In the event that the commission of the offense results in any of the aforementioned offenses involving children, the trafficked person dies, or an unborn child dies, the charge rises to the level of a first degree felony. The punishment for a first degree felony carries a term of imprisonment ranging from 5-99 years, as well as a fine of up to $10,000.

Punishment Range

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
In addition to imprisonment, may receive a fine not to exceed $10,000

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