SECTION 707.461. What is sex trafficking?

(a) Sex trafficking is a subset of the statutory definitions of abuse that appear in Texas Family Code §261.001(1) and includes the following acts or omissions by a person:

(1) Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under §20A.02(a)(7) or (8), Penal Code; or

(2) The failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under §20A.02(a)(7) or (8), Penal Code.

(b) In this section "sex trafficking" means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in §20A.02(a)(7), Penal Code. It involves giving or receiving monetary or nonmonetary remuneration, including the child's sexual services, and a pervasive loss of freedom for the child.

(c) Sex trafficking does not require force, fraud, or coercion and occurs even if it appears that the child is in agreement with the conduct or the child does not consider herself or himself to be a victim of sex trafficking.

(d) When determining whether a child is a victim of sex trafficking, we evaluate the totality of circumstances, including but not limited to evidence that the child is being controlled by threats of deportation or physical or other types of harm to the child or the child's family; evidence of withholding or destroying of the child's legal documents; causing the child or child's family to become indebted to the trafficker; restricting the child's movement, communication, or ability to live a normal life; or using physical, verbal, or other types of intimidation or manipulation to cause the child to feel helpless or in fear of the trafficker.

Source Note: The provisions of this §707.461 adopted to be effective July 15, 2020, 45 TexReg 4780