Advanced Human Trafficking in the State of Texas

Advanced Human Trafficking in the State of Texas TCOLE Course #: 3271 Hosted By UNIT FOUR Bexar County Constable’s Office PCT#4 Constable Robert M. Blount

LEARNING OBJECTIVES Learning Objective 4. 0: The participant will be able to understand explain role of law enforcement in human trafficking. Learning Objective 4. 1: The participant will be able to list which laws are used to prosecute human trafficking. Learning Objective 4. 2: The participant will be able to identify the Trafficking Victims Protection Act (TVPA) as the federal legislation used to prosecute human trafficking. Learning Objective 4. 3: The participant will be able to identify the three key components of the TVPA 2 utilized to combat human trafficking. 2

LEARNING OBJECTIVES Learning Objective 4. 4: The participant will be able to discuss the removal of the TVPA knowledge-of-age requirement involving minors. Learning Objective 4. 5: The participant will be able to identify additional elements of the TVPA regarding sentencing, restitution and/or forfeiture of assets, witness protection and access to benefits and services. Learning Objective 4. 6: The participant will be able to identify the elements of the State of Texas Penal Code Section 20 A. 02 referencing Trafficking of Persons. Learning Objective 4. 7: The participant will be able to identify the Texas Penal Code offense classification if the trafficking victim is younger than 18 years of age at the time of the offense. Learning Objective 4. 8: The participant will be able to explain why the Penal Code charge of Compelling Prostitution is considered an underlying charge to Human Trafficking. 3

UNIT FOUR 4

Victims of Trafficking and Violence Protection Act The Victims of Trafficking and Violence Protection Act of 2000 (P. L. 106 -386), the Trafficking Victims Protection Reauthorization Act of 2008 (H. R. 7311) H. R. 7311 provide the tools to combat trafficking in persons both worldwide and domestically. The Acts authorized the establishment of G/TIP and the President's Interagency Task Force to Monitor and Combat Trafficking in Persons to assist in the coordination of anti-trafficking efforts 5

4. 0 Role of Law Enforcement Local law enforcement is in the best position to see, interact and intervene in the rescue of human rescue trafficking victims and provide the tools for successful prosecution of traffickers. 6

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This crime is one that will require officers to be acutely aware of the indicators of human trafficking indicators and the key questions to ask. Human trafficking may be prosecuted at both the state and federal levels and will require the collaboration of every level of law collaboration enforcement along with non-law enforcement agencies known as Non-Governmental Organizations 4. 0 (NGO’s). 8

4. 1 WHAT CAN LAW ENFORCEMENT DO? A. Know and Use existing Federal and State laws to interdict Human Trafficking 1. Trafficking Victims Protection Act - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U. S. citizens and non-citizens) 9

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4. 1 WHAT CAN LAW ENFORCEMENT DO? Continued 2. Enforcement of Texas Penal Code-State Laws B. Begin building partnerships with non-governmental organizations and other public agencies C. Look “Beneath the Surface” 11

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4. 1 Look Beneath the Surface - Continued Look in our own backyard as within PCT#4 don’t think it cannot happen in Bexar County or our own PCT! 13

4. 2 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) A. Prior to 2000, there was no comprehensive federal law to protect victims of trafficking or to prosecute traffickers. B. TVPA was signed into law October 2000 and has since been re -authorized every three years by Congress. (2003/2005/2008) 14

4. 2 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued C. TVPA made human trafficking a federal crime. 15

4. 3 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Three key components of TVPA A. Prevention: Through public awareness and education support materials and personnel 16

4. 3 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued Three key components of TVPA B. Protection: Through services and benefits to help victims rebuild their lives such as 1. temporary residency 2. financial assistance financial 3. health care health 17

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Three key components of TVPA B. Protection: Through services and benefits to help victims rebuild their lives such as 4. Job Training Job 5. Reintegration into main Reintegration stream society. 19

4. 3 Three key components of TVPA C. Prosecution: Through new law enforcement tools and efforts 1. define Human Trafficking as a define crime 2. set appropriate sentencing terms for traffickers 3. require restitution by traffickers restitution 4. provide witness protection for protection victims 20

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4. 4 Removal of TVPA Knowledge of Age Requirement A. Where non-violent coercion is used to force victims to work 1. Threats to harm family in home harm country 2. Threats to have victim deported 3. Threats to harm 3 rd person 22

4. 4 Removal of TVPA Knowledge of Age Requirement – Cont’d: A. Where non-violent coercion is used to force victims to work 4. any other plan or scheme designed to convince the victim physical harm or restraint will be used harm against the victim or another 23

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4. 4 Removal of TVPA Knowledge of Age Requirement – Cont’d: B. Where victim's service is compelled by confiscation of their personal documents 1. Immigration papers / Passports 2. VISA’s 3. State issued drivers license 25

4. 4 Removal of TVPA Knowledge of Age Requirement – Cont’d: C. In sex trafficking cases involving minors TVPA removed the requirement of the government to prove the suspect (trafficker. . or John) knew the victim was under 18 years of age. 26

4. 5 Additional elements of TVPA provides for A. Increased prison terms for all slavery violations up to 20 years; adds life imprisonment if it involves; life 4 death, death 4 kidnapping, or the kidnapping 4 sexual abuse of victim sexual 27

4. 5 Additional elements of TVPA provides for…Cont’d B. Restitution and/or forfeiture of B. assets upon conviction 1. payment of lost wages and 1. wages overtime (FSLA Standards) 2. forfeiture of property bought by 2. property the trafficker using victim’s lost income 28

4. 5 Additional elements of TVPA provides for…Cont’d C. Witness protection, legal protection immigration status 1. Victim and family members may 1. be included in Witness protection programs if needed 2. Issuance of State Department “T” 2. Visa 29

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4. 5 Additional elements of TVPA provides for…Cont’d D. Access to Federal public benefits and services benefits 1. T Visa determines status to 1. receive social services 2. Benefits considered appropriate by 2. US Attorney General based on victims needs. 31

TEXAS LAWS ON TRAFFICKING 32

4. 6 TEXAS PENAL CODE 20 A. 01. DEFINITIONS. In this chapter: (1) "FORCED LABOR OR SERVICES" means labor or services, including conduct that constitutes an offense under section 43. 02, that are performed or provided by another person and obtained through an actor’s: 43. 02 Prostitution 33

4. 6 TEXAS PENAL CODE Continued (A)causing or threatening to cause bodily injury to the person or another person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer bodily injury; 34

4. 6 TEXAS PENAL CODE Continued (B)restraining or threatening to restrain the person or another person in a manner described by Section 20. 01(1) or causing the person performing or providing labor or services to believe that the person or another person will be restrained: 35

(C) knowing, destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove or confiscate, or withhold from the person or another person, the person actual or purported: (i) government records; (ii) identifying information; or (iii) personal property; 36

4. 6 TEXAS PENAL CODE Continued (D) threatening the person with abuse of the law or the legal process in relation to the person or another person; 37

TEXAS PENAL CODE Continued (E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; 38

TEXAS PENAL CODE Continued (F) exerting financial control over the person or another person by placing the person or another person under the actor’s control as security for a debt to the extent that: 39

(F) (i) the value of the services provided by the person or another person as reasonably assessed is not applied toward the liquidation of the debt; (F) (ii) the duration of the services provided by the person or another person is not limited and the nature of the services provided by the person or another person is not defined; or 40

TEXAS PENAL CODE Continued (F) (iii) the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or 41

4. 6 TEXAS PENAL CODE Continued (G) using any scheme, plan, or pattern intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services. 42

4. 6 TEXAS PENAL CODE Continued (2) "TRAFFIC" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. 43

4. 7 TEXAS PENAL CODE Continued § 20 A. 02. TRAFFICKING OF PERSONS (a) A person commits an offense if the person knowingly: (1) traffics another person with traffics the intent or knowledge that the trafficked person will engage in forced labor or services; or 44

4. 7 TEXAS PENAL CODE Continued § 20 A. 02. TRAFFICKING OF PERSONS (a) (2)benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or forced services. 45

4. 7 TEXAS PENAL CODE Continued § 20 A. 02. TRAFFICKING OF PERSONS (b) Except as otherwise provided by this subsection an offense under this section is a: FELONY OF THE SECOND DEGREE 46

4. 7 TEXAS PENAL CODE Continued An offense under this section is a FELONY OF THE FIRST DEGREE if: (1) the applicable conduct constitutes an offense under Section 43. 05 or 43. 25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of 47

whether the actor knows the age of the child at the time the actor commits the offense; or (2) the commission of the offense results in the death of the person who is trafficked. 43. 05 Compelling Prostitution 43. 25 Sexual Performance of a Child 48

4. 8 TEXAS PENAL CODE Continued Sec. 43. 05 Compelling Prostitution Underlying charge to Human Trafficking (a) A person commits an offense if the person knowingly: (1) causes another by force, threat, or fraud to commit prostitution; or first degree 49

4. 8 TEXAS PENAL CODE Cont’d Sec. 43. 05 Compelling Prostitution (a) (2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. (b) An offense under this section is a felony of the second 50

4. 6 TEXAS PENAL CODE Continued Sec. 43. 05 Compelling Prostitution NOTE: 20 A. 02 provides that offenses under section (a)(2) are felonies in the first degree. 51

4. 8 OTHER APPLICABLE TEXAS LAWS Often traffickers violate other state laws such as: • Kidnapping, Unlawful Restraint PC 20. 01 • Murder PC 19. 02 • Assault Offenses PC 22. 01 • Aggravated Sexual PC 2. 021 Assault 52

Often traffickers violate other state laws such as: • Sexual Assault PC 22. 11 • Aggravated PC 20. 04 Kidnapping • Compelling PC 43. 05 Prostitution • Organized Criminal PC 71. 02 Activity (Brothels) • Seizure of Assets CCP Chap 59 53

4. 8 Code of Criminal Procedure (CCP) Chapter 59 CCP Art 59. 01 (2) Contraband" means property of any nature, including real, personal, tangible, or intangible, that is: (A) used in the commission of: (i) any first or second degree felony under the Penal Code 54

CCP Chapter 59 CCP Art. 59. 02. FORFEITURE OF CONTRABAND. (a) Property that is contraband is subject to seizure and forfeiture under this chapter. 55

Questions? 56

DEFINE & PROCESS Define: Explain the Texas Laws used in prosecuting Human Trafficking Process: 57

DEFINE & PROCESS Define: Explain The Trafficking Victim Protection Act (TVPA) Federal Legislation used to prosecute Human Trafficking Process: 58

DEFINE & PROCESS Define: Explain the 3 - components of the TVPA used to combat human trafficking Process: 59

DEFINE & PROCESS Define: Explain the removal of the TVPA knowledge of age requirement involving minors Process: 60

DEFINE & PROCESS Define: Explain some additional elements of TVPA regarding sentencing, restitution, witness protection & benefits/services Process: 61

DEFINE & PROCESS Define: Explain elements of PC 20 A. 01 & 02 concerning Human Trafficking Process: 62

DEFINE & PROCESS Define: Explain PC offense classification Human Trafficking if victim is under 18 at time of offense Process: 63

DEFINE & PROCESS Define: Explain the PC charge of Compelling Prostitution as underlying charge to Human Trafficking Process: 64

Questions?

SOURCES All Course Sources and/or Resources are listed in your Participant Handout ADVANCED HUMAN TRAFFICKING TCOLE Course # 3271

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