Human Trafficking Laws and Penalties

Human trafficking is a multi-billion dollar criminal industry that harms millions of people. While many believe trafficking always involves force or violence, the very opposite is true—many traffickers trick, manipulate, defraud, and groom victims they know. Both state and federal laws make human trafficking a serious crime.

What Is Human Trafficking?

Human trafficking takes on two common forms—labor and sex trafficking. Traffickers use fraud, force, or coercion to exploit or compel a victim into providing labor, services, or commercial sex acts against their will.

Trafficking crimes don't require the movement of victims. It's often confused with human smuggling, which involves unlawfully bringing persons across international borders. A trafficking victim, on the other hand, might never leave their neighborhood.

Definition of Human Trafficking

Human trafficking can be broadly defined as:

• persuading, recruiting, harboring, transporting, or obtaining a person
• through force, fraud, or coercion*
• to exploit or compel them to provide labor, services, or a commercial sex act.

*Most laws don't require proof of force, fraud, or coercion if a sex trafficking victim is a child.

Common Industries for Human Trafficking

Human trafficking can occur in broad daylight or behind closed doors.

Forced labor. The most common industries for forced labor include agricultural sectors (crops, animals, fishing), domestic work (cleaning, cooking, gardening), factory work (clothes, meat packing plants), and hospitality (casinos, hotels, entertainment). Domestic servitude can be the most difficult to uncover, as these victims work behind closed doors in private residences and are often not allowed off site.

Commercial sex acts. Commercial sex acts can include prostitution, pornography, exotic dancing, and other sexual performances. The most common venues or industries include massage businesses, escort services, brothels, strip clubs, hospitality businesses, truck stops, and public streets.

Force, Fraud, or Coercion in Trafficking Crimes

A trafficker might try to compel or induce a person into providing labor, services, or commercial sex acts through any number of means, such as:

• physical force or threats of force
• threats of harm to other persons
• psychological coercion or emotional abuse
• reputational harm
• confiscation of identification documents
• debt bondage, or
• threats of reporting illegal immigration status to government authorities.

It doesn't matter if the victim initially consented to the arrangement if the trafficker later exploits or had always intended to exploit the victim into forced or continued labor, services, or sex acts. For example, labor trafficking might start as a job offer and lead to threats, abuse, and manipulation.

Who Are the Traffickers? Who Are the Victims?

Trafficking victims can be adults or children of any age, gender, race, or socio-economic background. While trafficking can happen to anyone, the most vulnerable tend to be those suffering from lack of housing, food instability, poverty, substance addiction, or mental health issues. Runaway, homeless, and marginalized youth are also greatly at risk.

Traffickers take on many roles. It's not just pimps and drug dealers. A trafficker might be someone you know—the owner of a restaurant, factory or farm, a neighbor with domestic "employees," someone in the child welfare system, a government official, or a CEO. Many victims know their traffickers and were groomed by them. It might be their romantic partner, a family member or friend, a boss, or a neighbor.

Laws Aimed at Preventing Human Trafficking

Federal, state, and local governments have enacted laws aimed at preventing human trafficking and raising awareness among the public and victims.

Examples of anti-trafficking laws include:

• implementing statewide and nationwide information campaigns to draw attention to labor and sex trafficking
• requiring certain businesses to post signs asking the public to report suspected trafficking to the National Human Trafficking Hotline
• requiring anti-trafficking training for certain businesses and industries where trafficking is common, and
• directing public agencies, such as child welfare agencies, social services, police departments, and labor departments, to train their employees on identifying and reporting suspected trafficking.

Lawmakers have also created or designated funds to pay for these anti-trafficking efforts and to provide services to trafficking survivors. Services might include housing, legal services, counseling, health care, employment assistance, and assistance obtaining benefits.

Reporting Human Trafficking

If you're a victim of human trafficking or someone who suspects human trafficking is occurring, check out the following resources and tiplines.

• In an emergency, call 911.
• The National Human Trafficking Hotline can be reached at 1-888-373-7888. Its services are also available online and by texting 233733. You can also submit a tip anonymously.
• Homeland Security Investigations also runs a tip line. The phone number is 1-866-347-2423.
• The Office for Victims of Crime (OVC) provides information for victims and survivors, anti-trafficking professionals, and the public.

Your state may also have a designated human trafficking tipline. Check out OVC's Directory of Crime Victim Services.

Criminal Penalties for Human Trafficking

Criminal prosecution of traffickers is another important tool to combat human trafficking. Federal and state prosecutors can go after these defendants.

Federal Crimes and Penalties for Human Trafficking

Federal law has several crimes that apply to human trafficking, including forced labor, labor trafficking, and sex trafficking.

Labor trafficking. A conviction for forced labor or labor trafficking carries up to 20 years in federal prison. This penalty applies to anyone who traffics the victim, obtains the labor or services of the victim, or benefits financially from a labor trafficking arrangement. It's a separate crime to confiscate a trafficking victim's immigration documents, passport, or other government ID. A conviction can mean up to five years in federal prison. (18 U.S.C. §§ 1589, 1590, 1592, 1593A (2024).)

Sex trafficking. A federal conviction for sex trafficking carries minimum prison terms of 10 or 15 years and up to life imprisonment. These penalties apply to traffickers, buyers (patrons), and anyone who benefits financially from another's trafficking. Confiscation of immigration or government documents from a sex trafficking victim is a five-year felony. (18 U.S.C. §§ 1591, 1594, 2423, 2428 (2024).)

State Crimes and Penalties for Human Trafficking

All states criminalize human trafficking. State laws might have one crime that covers all forms of human trafficking or divide these acts into two or more crimes, such as labor trafficking, sex trafficking, and child sex trafficking. Below are some examples.

Colorado has two human trafficking crimes—one specific to sexual servitude and the other to involuntary servitude (labor). Both make it a class 3 felony to traffic an adult for sexual or involuntary servitude. Class 2 felony penalties apply if the victim is a minor. (Colo. Rev. Stat. §§ 18-3-503, 18-3-504 (2024).)

Minnesota has a labor trafficking law and a sex trafficking law. The sex trafficking provision falls under the state's prostitution crimes. Both laws have increased penalties for the trafficking of minors. The state also increases the penalties when a trafficking victim suffers great bodily harm or is subjected to trafficking for more than 180 days. The maximum penalties range from 15 to 30 years' imprisonment. (Minn. Stat. §§ 609.282, 609.322 (2024).)

Pennsylvania law has crimes against trafficking and involuntary servitude. Trafficking for labor or sexual servitude carries first- or second-degree felony penalties depending on whether the person committed the trafficking or benefitted financially from it. Penalties increase for sex trafficking of a minor. Anyone who subjects a person to involuntary labor or sexual servitude commits a first-degree felony. (18 Pa. C.S.A. §§ 3011, 3012 (2024).)

Additional Penalties: Restitution, Forfeiture, and Civil Penalties

Federal and many state laws require convicted defendants to pay restitution to their trafficking victims. Government officials can also use forfeiture proceedings to seize any money or property the defendant gained from or used in trafficking crimes, such as cash, real estate, vehicles, and computers. Traffickers or any criminal enterprise associated with trafficking may also face civil penalties and lawsuits brought by the government or victims.

Getting Legal Help

If you're facing a criminal investigation or charges, contact a criminal defense attorney. For federal charges, you'll want to find an attorney who practices in federal court.

Survivors of trafficking may want to speak with an advocate or organization that provides services to victims. A survivor might also want to contact an attorney to discuss options for seeking criminal restitution or a civil judgment against the offender.