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1. |
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Sex
Trafficking: A
statute that criminalizes sex trafficking and includes elements of
inducing another through force, fraud, or coercion to engage in a commercial
sex act. Some states have related laws in the prostitution code and were
given credit if they had the same criminal elements. |
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2. |
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Labor Trafficking: A statute
that creates the crime of labor trafficking or trafficking in persons, in
which a person is compelled through force, fraud, or coercion into providing
labor or services. |
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3. |
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(a) Asset Forfeiture for Human Trafficking: A statute that
provides for the forfeiture of assets used in the course of the crime
or acquired with proceeds from the crime of human trafficking. |
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4. |
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(a) Training on Human Trafficking for Law Enforcement: A statute that
mandates or encourages law enforcement to be trained in human trafficking issues
and the law. |
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5. |
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Lower
Burden of Proof for Sex Trafficking of Minors: A statute that
ensures that the elements of force, fraud, or coercion are not required
for a trafficker to be prosecuted for the sex trafficking of a minor. This
statute must be under the sex trafficking section in order for the state to
receive credit. |
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6. |
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Posting a Human Trafficking Hotline: A statute that
mandates or encourages the public posting of a human trafficking hotline,
such as the National Human Trafficking Resource Center hotline or a
state human trafficking hotline. |
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7. |
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Safe Harbor - Protecting Sexually Exploited Minors: A statute that
recognizes sexually exploited individuals under 18 as victims of a crime in
need of protection and services by granting immunity from prosecution or
diverting minors from juvenile delinquency proceedings, and instead directing
them to child welfare services. In order to receive full credit, the state
must have provisions that relate to both immunity or diversion and services
for the child. |
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8. |
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Victim Assistance: A statute that provides assistance, mandates the
creation of a victim services plan, or funds programs to help victims of
human trafficking. Victim services and protection may include counseling, job
assistance, housing, continuing education, legal services, and/or a human
trafficking caseworker privilege. |
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9. |
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Access to Civil Damages: A statute that
provides victims of human trafficking with the ability to seek civil damages
from their traffickers. |
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10. |
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Vacating Convictions for Sex Trafficking Victims: A statute that
permits victims to have convictions for prostitution that were committed
as a result of being trafficked vacated from their criminal records. |
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Please click on the link below for your individual state report which lists
the statute(s) your state received credit for. This list is not necessarily
exhaustive of all of the laws against human trafficking in each state, and only
includes the laws from the 10 categories that we track for the state ratings
map. For guidelines and examples of bill language, please consult Polaris’s Model Provisions of Comprehensive State Legislation to Combat
Human Trafficking and Commentary. If you need technical assistance in enacting
laws to fill in the gaps, please contact the Polaris Policy Program at policy@polarisproject.org
.