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

2 LEARNING OBJECTIVES Learning Objective 4.0: Learning Objective 4.0: The participant will be able to understand and explain role of law enforcement in human trafficking. Learning Objective 4.1: Learning Objective 4.1: The participant will be able to list which laws are used to prosecute human trafficking. Learning Objective 4.2: 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: Learning Objective 4.3: The participant will be able to identify the three key components of the TVPA utilized to combat human trafficking. 2

3 Learning Objective 4.4: 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: 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: Learning Objective 4.6: The participant will be able to identify the elements of the State of Texas Penal Code Section 20A.02 referencing Trafficking of Persons. Learning Objective 4.7: 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: 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. LEARNING OBJECTIVES

UNIT FOUR 4

Victims of Trafficking and Violence Protection Act H.R The Victims of Trafficking and Violence Protection Act of 2000 (P.L ), the Trafficking Victims Protection Reauthorization Act of 2008 (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 rescue Local law enforcement is in the best position to see, interact and intervene in the rescue of human trafficking victims and provide the tools for successful prosecution of traffickers. 6

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8 indicators This crime is one that will require officers to be acutely aware of the indicators of human trafficking and the key questions to ask. collaboration Human trafficking may be prosecuted at both the state and federal levels and will require the collaboration of every level of law enforcement along with non- law enforcement agencies known as Non-Governmental Organizations (NGO’s). 4.0

9 4.1 WHAT CAN LAW ENFORCEMENT DO? Know and Use existing Federal and State laws to interdict Human Trafficking 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 TVPA protects both U.S. citizens and non-citizens)

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11 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 ” 4.1 WHAT CAN LAW ENFORCEMENT DO? Continued

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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

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)

15 C. TVPA made human trafficking a federal crime. 4.2 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued

16 Three key components of TVPA Prevention : Through public awareness and education support materials and personnel A. Prevention : Through public awareness and education support materials and personnel 4.3 TRAFFICKING VICTIMS PROTECTION ACT (TVPA)

17 Three key components of TVPA B. Protection: Through services and benefits to help victims rebuild their lives such as residency 1.temporary residency 2.financial 2.financial assistance 3.health 3.health care 4.3 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued

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

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

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

23 A. Where non-violent coercion is used to force victims to work harm 4.any other plan or scheme designed to convince the victim physical harm or restraint will be used against the victim or another 4.4 Removal of TVPA Knowledge of Age Requirement – Cont’d:

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25 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 4.4 Removal of TVPA Knowledge of Age Requirement – Cont’d:

26 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. 4.4 Removal of TVPA Knowledge of Age Requirement – Cont’d:

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

28 B. B. Restitution and/or forfeiture of assets upon conviction 1. wages 1. payment of lost wages and overtime (FSLA Standards) 2. property 2. forfeiture of property bought by the trafficker using victim’s lost income 4.5 Additional elements of TVPA provides for…Cont’d

29 C. protection C. Witness protection, legal immigration status Victim and family members may be included in Witness protection programs if needed 2. Visa 2. Issuance of State Department “T” Visa 4.5 Additional elements of TVPA provides for…Cont’d

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31 D. benefits D. Access to Federal public benefits and services 1. services 1. T Visa determines status to receive social services Benefits considered appropriate by US Attorney General based on victims needs. 4.5 Additional elements of TVPA provides for…Cont’d

TEXAS LAWS ON TRAFFICKING 32

33 20A.01. DEFINITIONS. In this chapter: "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: (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: 4.6 TEXAS PENAL CODE 4.6 TEXAS PENAL CODE 43.02Prostitution 43.02Prostitution

34 (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; 4.6 TEXAS PENAL CODE Continued 4.6 TEXAS PENAL CODE Continued

35 (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: 4.6 TEXAS PENAL CODE Continued 4.6 TEXAS PENAL CODE Continued

36 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: (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;

37 (D) threatening the person with abuse of the law or the legal process in relation to the person or another person; 4.6 TEXAS PENAL CODE Continued 4.6 TEXAS PENAL CODE Continued

38 (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; TEXAS PENAL CODE Continued

39 (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: TEXAS PENAL CODE Continued

40 (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

41 (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 TEXAS PENAL CODE Continued

42 (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 (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. 4.6 TEXAS PENAL CODE Continued 4.6 TEXAS PENAL CODE Continued

43 (2) "TRAFFIC" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. 4.6 TEXAS PENAL CODE Continued 4.6 TEXAS PENAL CODE Continued

44 § 20A.02. TRAFFICKING OF PERSONS (a)A person commits an offense if the person knowingly: traffics (1) traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or 4.7 TEXAS PENAL CODE Continued 4.7 TEXAS PENAL CODE Continued

45 § 20A.02. TRAFFICKING OF PERSONS forced (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 services. 4.7 TEXAS PENAL CODE Continued 4.7 TEXAS PENAL CODE Continued

46 § 20A.02. TRAFFICKING OF PERSONS FELONY OF THE SECOND DEGREE (b)Except as otherwise provided by this subsection an offense under this section is a: FELONY OF THE SECOND DEGREE 4.7 TEXAS PENAL CODE Continued 4.7 TEXAS PENAL CODE Continued

47 An offense under this section is a FELONY OF THE FIRST DEGREE if: (1) the applicable conduct constitutes an offense under Section or and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of 4.7 TEXAS PENAL CODE Continued 4.7 TEXAS PENAL CODE Continued

Compelling Prostitution 43.25Sexual Performance of a Child 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.

49 Sec Compelling Prostitution (a)A person commits an offense if the person knowingly: (a)A person commits an offense if the person knowingly: (1) causes another by force, threat, or fraud to commit prostitution ; or first degree (1) causes another by force, threat, or fraud to commit prostitution ; or first degree. 4.8 TEXAS PENAL CODE Continued 4.8 TEXAS PENAL CODE Continued Underlying charge to Human Trafficking

50 Sec 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. (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 degree. 4.8 TEXAS PENAL CODE Cont’d 4.8 TEXAS PENAL CODE Cont’d

51 Sec Compelling Prostitution NOTE: 20A.02 provides that offenses under section (a)(2) are felonies in the first degree. 4.6 TEXAS PENAL CODE Continued 4.6 TEXAS PENAL CODE Continued

OTHER APPLICABLE TEXAS LAWS Often traffickers violate other state laws such as: Kidnapping, Unlawful Restraint PC Kidnapping, Unlawful Restraint PC Murder PC Murder PC Assault Offenses PC Assault Offenses PC Aggravated Sexual PC Aggravated Sexual PC Assault Assault

53 Often traffickers violate other state laws such as: Sexual AssaultPC Sexual AssaultPC Aggravated PC Aggravated PC 20.04Kidnapping Compelling PC Compelling PC 43.05Prostitution Organized Criminal PC Organized Criminal PC Activity (Brothels) Activity (Brothels) Seizure of Assets CCP Chap 59 Seizure of Assets CCP Chap 59

4.8 Code of Criminal Procedure (CCP) Chapter Code of Criminal Procedure (CCP) Chapter 59 CCP Art (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

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

56 Questions?

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

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

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

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

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

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

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

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

Questions?

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

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