Houston Criminal Attorney: Sex Trafficking and Slavery

Trafficking in Persons (Human Trafficking) is defined as:

1. Sex trafficking in which a commercial sex act is induced by force, fraud or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
2. The recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.

Human trafficking is often synonymous with slavery because the victims are usually subjected to involuntary labor or sex work. Human traffickers generally isolate their victims, making them dependent on their abusers through  both physical and psychological abuse.
The problem of human trafficking has multiplied exponentially in the United States in recent years. Although the idea of slave labor and child prostitution is deplorable to most Americans, statistics show that the United States is a leading destination for human trafficking. According to the National Human Trafficking Resource Center an estimated 100,000 to 300,000 children are victims of child exploitation in the United States each year. And though many people believe that victims of human trafficking are undocumented immigrants, statistics report that 83 percent of victims are United States citizens. This makes human trafficking the second most profitable organized crime, following only drug trafficking.

Human trafficking is often confused with human smuggling, but in fact they are separate legal issues even though they may be related. Human (or migrant) smuggling involves the deliberate concealing of people with the intent to transport them into the country without proper documentation. Although illegal immigrants often become victims of human trafficking through debt servitude, trafficking in persons is a separate offense.
Human trafficking does not require transportation as a defining characteristic, although victims may be moved from city to city. In cases of forced domestic servitude the victim typically remains in one place.

According to the United Nations Office on Drugs and Crime human trafficking is defined by three elements:

• Act; the actual recruitment, transport, transfer, harboring, or receipt of persons
• Means; the threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, giving payments or benefits
• Purpose; exploitation of victims including prostitution, sexual exploitation, forced labor, slavery, removal of organs, and other types of exploitation

Federal anti-trafficking legislation includes two notable acts on which most state laws are based: the  William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and the Trafficking Victims Protection Reauthorization Act of 2013, part of the Violence Against Women Reauthorization Act of 2013.


The United States Criminal Code defines and prohibits human trafficking in 18 USC Chapter 77: Peonage, Slavery, and Trafficking in persons, setting forth the following penalties:

• Forced labor and Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor: maximum penalty of 20 years in federal prison; if a kidnapping, attempted kidnapping, sexual assault, attempted murder, or death occur, the maximum penalty is life in prison 
• Sex trafficking of children or by force, fraud, or coercion – minimum of 10 years to life if the victim is aged 14 to 17; if the victim is under the age of 14, the penalty is 15 years to life. 

Human Trafficking in Texas

According to the U.S. Department of Justice, Houston, Texas is one of the nation’s largest hubs for human trafficking. There are over 200 active brothels in Houston along with multiple strip clubs and illicit spas that serve as fronts for sex trafficking. Proximity, demographics and a large migrant labor force all contribute to high levels of trafficking through Houston and the rest of Texas; Houston’s proximity to the Mexican border, I-10 which runs through the city and across the country, the port of Houston and two large airports combine to make it a popular point of entry for international trafficking. Houston’s huge geographic size and large Hispanic, Asian and Middle Eastern populations create optimal conditions for trafficking because of the ability to blend in with the community.
Also, Texas businesses employ migrant labors in many different sectors such as textiles, agriculture, restaurants, construction, and domestic work. This vast diversity makes it difficult for law enforcement to concentrate on any one labor sector in fighting human trafficking.

Texas State law specifically addresses human trafficking in Chapter 20A of the Texas Penal Code, defining the acts of knowingly trafficking for the purpose of using a person for forced or harmful labor, benefiting from human slavery activities or subjecting a trafficking victim to continuous sexual abuse, prostitution or illegal forms of pornography as first degree felonies. The exact punishment for a trafficking of persons conviction will vary in accordance with the defendant’s prior criminal record and whether a weapon was employed to commit the crime, but sentences can include five to 99 years in prison, a maximum fine of $10,000 and mandatory sex offender registration.

Texas human trafficking laws are difficult to interpret, and overly exuberant prosecutors frequently accuse people of committing human trafficking or sex trafficking even when the available evidence may not support the allegations. The prosecution is legally required to prove every element of a human trafficking charge beyond a reasonable doubt. If you believe you may be under Federal or State investigation for human trafficking, it is critical to your case that you hire a qualified criminal defense attorney right away. Visit the website of Richard Kuniansky at www.kunianskylaw.com or call (713) 622-8333 today for a free consultation.