This overview is based on a brief assessment of some state legislative initiatives regarding trafficking, prostitution, and child abuse.

While this recap is not meant to be an exhaustive review of legislative efforts, and the needs for legislation, it does provide legislators, policy makers, and service providers with an overview of some of the progress being made in the United States and elsewhere through the legislative process.

Following, you'll find an overview of the approach taken by most legislation, as well as a list of specific examples of legislation - and the areas needing legislation.

Overview of predominant legislative approaches

• In general, existing laws at the U.S. Federal and State levels seem to approach CSE/CSEC issues by way of trafficking, prostitution/indecency, and child abuse or statutory rape. One of the key issues where legislation does exist is the inconsistent enforcement of such legislation (as in the case of statutory rape).
  


• Most trafficking laws focus in on enticement and transportation for purposes of CSE (as well as other forms of coerced work). Often, the "transportation" issue focuses on trafficking individuals across borders – countries, state lines, or locations within the state. This seems to be the case with the Federal statute, and with the state legislation that reflects the Federal law (e.g. Texas, California).
  


• Existing prostitution laws are, for all intents and purposes, traditional – focusing on the arrest of those engaged in prostitution, with most arrests, statistically, being CSE victims (prostitutes) rather than patrons or traffickers. The trafficking laws begin to address the latter.
  


• Perhaps consistent with an overall trend towards prosecuting children as adults at younger and younger ages, and consistent with entrenched gender and sexuality biases, there seems to be resistance to including teens – even those as young as 13 – in the group protected by child abuse and statutory rape laws (this bias can be found “between the lines” – in the lack of enforcement, research/statistical data, policy change, etc.).
  


• There are many references to the possibility of prosecuting patrons, traffickers, recruiters, pimps, etc. under existing child abuse and statutory rape laws, but what little data are available show that this is enforced, in reality, very inconsistently or minimally.
  


• However, there has not yet been a sea-shift in either doing this consistently, or in gathering information/research that would allow persuasive advocacy on enforcement and policy change. This gap indicates an opportunity for chlid-protection agencies, and organizations like The SAGE Project, Inc. and SAGE's sister organizations.
  


• Given this, there seems to be several opportunities to approach enforcement and policy change using existing law and “getting around” existing biases (while working to shift awareness and public/legislator opinion).
  

• California legislation AB 3042—Child Protection, Enhancement Penalties for Children Exploited Through Prostitution—amends the Penal Code with a sentence enhancement for crimes of sexual abuse and exploitation. According to the legislative summary, "this bill would provide that a person suffering a felony conviction for any of those offenses, as specified, where the offense is committed with a minor for money or other consideration, is punishable with an additional enhancement of one year imprisonment in state prison." (Download a PDF fact sheet on California AB 3042.)
  


• Texas legislation CSHB 869—amends the Penal Code to establish human trafficking as a state crime (modeling after the Federal trafficking statutes which define "human trafficking" as a crime). The bill includes as "trafficking" the "enticing, recruiting, harboring, providing or otherwise obtaining a person for transport by deception, coercion, or force." The offense is a second-degree felony offense if the person knowingly traffics another person for labor or services or to engage in conduct covered by the public indecency statutes. The offense is a first degree felony if the trafficked person is under 14 years of age while engaging in public indecency offenses or if the commission of the offense results in the death of the person who is trafficked. (Source: paraphrased from the legislative summary for the legislation).
  


• The Senate Bill complement to Texas CSHB 869 "Defines 'forced labor or services' and 'traffic'. "Provides that a person commits an offense if the person knowingly traffics another person with the intent that the trafficked person engage in forced labor or services, or conduct that constitutes an offense (under existing law). Second and first degree felony conviction as with the House Bill.
  


• Washington State has several anti-trafficking-related legislative initiatives, including bills that would extend the Washington State Task Force Against the Trafficking of Persons (EHB 1090), requiring the state attorney general to study trafficking issues (HB1174), include trafficking in persons in the criminal racketeering law (SHB 1826), provide protocols for services of the victims of trafficking (HB 3069 and SB 6443), a resolution to recognize the Office of Crime Victims Advocacy and the Washington State Task Force Against the Trafficking of Persons (HB 4707), and Creating an award for fighting human trafficking or aiding the victims of human trafficking (SB 6444). Find links to more detailed histories of these legislative initiatives at the Washington Legislature's web site.
  


• Distinguish trafficked or sexually exploited minors from juvenile offenders (particularly violent juvenile offenders), allowing Family and Child Services, or Health Services departments rather than correctional agencies to oversee placement and care of these minors. (Example: U.S. Homeland Security Act of 2002 addressing transfer of responsibility for trafficked or at-risk non-US citizen youth into DHS care versus INS authority).
  


• Expanding law-enforcement ability to investigate and arrest/prosecute pedophiles and "sex predators", including those who "entice a child into a sexual relationship" (Example: U.S. legislation proposed by Rep. Carolyn Mahoney (D-NY, Manhattan). Model local and state legislation after this example, just as some states, like Texas, are modeling state trafficking legislation after the Federal legislation/policy. More information.
  


• Many states amend/add to CSEC and pornography laws (or strengthen/enforce/link them) regarding criminality and prosecution of exposing a minor to pornographic materials (purpose: research on prostitution shows that pimps and other adults who traffic in CSEC or purchase sex from minors use pornographic materials). By including this charge with other CSEC charges, a penalty could be increased. (Example: Virginia law, among many others)
  


• Prohibiting and prosecuting the use of communication systems to facilitate CSE/CSEC, including internet, email, bulletin boards, etc. to promote or otherwise lure or solicit. Purpose: research shows that most prostitution-related arrests are focused at street prostitution, though a majority of prostitutes are engaged in massage parlors, strip clubs, escort services, etc.—many of which advertise online, in publications, etc. (Example: Virginia)
  


• Reinforcing investigation and agency coordination related to CSEC (Example: Missouri, creation of a "State Technical Assistance Team" to aid with the investigation and prosecution of CSEC related reports)
  


• Address existing law to ensure that teens are included in those who must be protected (and who can seek redress of offenses against them) under child abuse and statutory rape laws.
  


• Since many prostituted individuals and youths were abused, molested, sexually exploited, and “trained” with pornographic materials, revisit “age limits” and statute of limitations to allow prosecution of traffickers, molesters, recruiters, etc. under these laws.
  


• Consent is also viewed as a hurdle, and needs to be addressed in policy (e.g. minors can not consent to be prostituted, particularly after years of abuse and coercion.)
  


• Address previous legislation that disallowed police from detaining runaway (etc.) minors against their will. Use FOPP-type alliances to guide minors into care and service networks. This comes up frequently as one of the key hurdles.