Criminal Liability for Third Parties of Sex Trafficking
Anyone who knowingly profits from the sexual exploitation of children is a criminal. Unfortunately, such profiteering does exist. Texas can stop third parties from making money at the expense of children.
PROPOSED POLICY REFORM: Currently, the Texas Penal Code does not extend liability to those who knowingly benefit from the crime of prostitution. This allows third parties to operate without fear of prosecution. CHILDREN AT RISK proposes extending Penal Code Section 20A, 43.03, 43.04, and 43.05 to include criminal liability for third parties of child prostitution.
RATIONALE: The proposed bill allows prosecution of third parties who knowingly benefit, financially or by receiving anything of value, from a child prostitution offense. The bill also ensures traffickers are still held to a higher level of culpability than third parties. Traffickers, or anyone who knowingly promotes or compels prostitution, may be charged with up to a second degree felony. Third parties, who knowingly benefit from prostitution, will be charged with a Class A Misdemeanor or a third degree felony.
If enacted, the proposed law will discourage the operation of businesses that are prostitution-friendly. This proposal also equips law enforcement with another means to crack down on the sex slave industry.
SCOPE OF THE PROBLEM: Human trafficking is the fastest growing criminal enterprise in the world. The United Nations estimates that human trafficking is a $32 billion a year industry. As with all globally traded commodities, women and girls trapped in sexual exploitation are traded through a complex and increasingly sophisticated network of wholesalers and retailers. Passage of the proposed law will send a clear message to anyone who knowingly facilitates and profits from the sexual exploitation of children: Texas will arrest and will prosecute you.
HOW MUCH WILL THE BILL COST? CHILDREN AT RISK believes that this bill has no cost to the State of Texas. In addition, it creates the possibility of increased revenue for law enforcement by implementing fines for third parties.
For Questions or comments please contact:
Mandi Sheridan Kimball, Director, Public Policy and Government Affairs, 713.869.7740 or mkimball@childrenatrisk.org, or
Jennifer Michel Solak, Senior Staff Attorney, 713.869.7740 or jsolak@childrenatrisk.org
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