PENAL CODE

CHAPTER 20A. TRAFFICKING OF PERSONS


	§ 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, § 2, eff. Sept. 1, 2003.           

Amended by:                                                                   
	Acts 2007, 80th Leg., R.S., Ch. , § 16.01, eff. 
September 1, 2007.
	Acts 2007, 80th Leg., R.S., Ch. , § 4, eff. June 15, 
2007.


	§ 20A.02.  TRAFFICKING OF PERSONS.  (a)  A person commits 
an offense if the person:
		(1)  knowingly traffics another person with the intent 
or knowledge that the trafficked person will engage in  forced 
labor or services; or
		(2)  intentionally or knowingly 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 43.02 and the person who is trafficked is younger than 
18 years of age at the time of 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, § 2, eff. Sept. 1, 2003.           

Amended by:                                                                   
	Acts 2007, 80th Leg., R.S., Ch. , § 16.02, eff. 
September 1, 2007.
	Acts 2007, 80th Leg., R.S., Ch. , § 5, eff. June 15, 
2007.