State Codes and Statutes
Statutes > Texas > Penal-code > Title-5-offenses-against-the-person > Chapter-20a-trafficking-of-persons
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20A. TRAFFICKING OF PERSONS
Sec. 20A.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:
(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;
(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;
(C) knowingly destroying, concealing, removing, confiscating, or
withholding from the person or another person, or threatening to
destroy, conceal, remove, confiscate, or withhold from the person
or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal
process in relation to the person or another person;
(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;
(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:
(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;
(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
(iii) the principal amount of the debt does not reasonably
reflect the value of the items or services for which the debt was
incurred; or
(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.
(2) "Traffic" means to transport, entice, recruit, harbor,
provide, or otherwise obtain another person by any means.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 16.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
849, Sec. 4, eff. June 15, 2007.
Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits an
offense if the person knowingly:
(1) traffics another person with the intent or knowledge that
the trafficked person will engage in forced labor or services; or
(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 services.
(b) Except as otherwise provided by this subsection, an offense
under this section is a felony of the second degree. 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 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.
(c) If conduct constituting an offense under this section also
constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 16.02, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
849, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1002, Sec. 7, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Penal-code > Title-5-offenses-against-the-person > Chapter-20a-trafficking-of-persons
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20A. TRAFFICKING OF PERSONS
Sec. 20A.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:
(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;
(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;
(C) knowingly destroying, concealing, removing, confiscating, or
withholding from the person or another person, or threatening to
destroy, conceal, remove, confiscate, or withhold from the person
or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal
process in relation to the person or another person;
(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;
(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:
(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;
(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
(iii) the principal amount of the debt does not reasonably
reflect the value of the items or services for which the debt was
incurred; or
(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.
(2) "Traffic" means to transport, entice, recruit, harbor,
provide, or otherwise obtain another person by any means.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 16.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
849, Sec. 4, eff. June 15, 2007.
Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits an
offense if the person knowingly:
(1) traffics another person with the intent or knowledge that
the trafficked person will engage in forced labor or services; or
(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 services.
(b) Except as otherwise provided by this subsection, an offense
under this section is a felony of the second degree. 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 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.
(c) If conduct constituting an offense under this section also
constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 16.02, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
849, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1002, Sec. 7, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Penal-code >
Title-5-offenses-against-the-person >
Chapter-20a-trafficking-of-persons PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON
CHAPTER 20A. TRAFFICKING OF PERSONS
Sec. 20A.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:
(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;
(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;
(C) knowingly destroying, concealing, removing, confiscating, or
withholding from the person or another person, or threatening to
destroy, conceal, remove, confiscate, or withhold from the person
or another person, the person's actual or purported:
(i) government records;
(ii) identifying information; or
(iii) personal property;
(D) threatening the person with abuse of the law or the legal
process in relation to the person or another person;
(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;
(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:
(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;
(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
(iii) the principal amount of the debt does not reasonably
reflect the value of the items or services for which the debt was
incurred; or
(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.
(2) "Traffic" means to transport, entice, recruit, harbor,
provide, or otherwise obtain another person by any means.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 16.01, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
849, Sec. 4, eff. June 15, 2007.
Sec. 20A.02. TRAFFICKING OF PERSONS. (a) A person commits an
offense if the person knowingly:
(1) traffics another person with the intent or knowledge that
the trafficked person will engage in forced labor or services; or
(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 services.
(b) Except as otherwise provided by this subsection, an offense
under this section is a felony of the second degree. 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 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.
(c) If conduct constituting an offense under this section also
constitutes an offense under another section of this code, the
actor may be prosecuted under either section or under both
sections.
Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 16.02, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
849, Sec. 5, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1002, Sec. 7, eff. September 1, 2009.
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