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Texas Laws | Penal Code
PENAL CODE
TITLE 5. OFFENSES AGAINST THE PERSON

(1) it is shown on the trial of the offense that, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual assault, as defined by Section 22.011, or aggravated sexual assault, as defined by Section 22.021; or (1214)

(2) the smuggled individual suffered serious bodily injury or death. (1215)

Added by Acts 2015, 84th Leg., R.S., Ch. 333 (H.B. 11), Sec. 15, eff. September 1, 2015. (1216)

CHAPTER 20A. TRAFFICKING OF PERSONS (1217)(Text)

Sec. 20A.01. DEFINITIONS. (1218)(Text)

In this chapter: (1219)

(1) "Child" means a person younger than 18 years of age. (1220)

(2) "Forced labor or services" means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor's use of force, fraud, or coercion. (1221)

(3) "Sexual conduct" has the meaning assigned by Section 43.25. (1222)

(4) "Traffic" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. (1223)

Added by Acts 2003, 78th Leg., ch. 641, Sec. 2, eff. Sept. 1, 2003. (1224)

Amended by: (1225)

Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 16.01, eff. September 1, 2007. (1226)

Acts 2007, 80th Leg., R.S., Ch. 849 (H.B. 1121), Sec. 4, eff. June 15, 2007. (1227)

Acts 2011, 82nd Leg., R.S., Ch. 1 (S.B. 24), Sec. 1.01, eff. September 1, 2011. (1228)

Sec. 20A.02. TRAFFICKING OF PERSONS. (1229)(Text)

(a) A person commits an offense if the person knowingly: (1230)

(1) traffics another person with the intent that the trafficked person engage in forced labor or services; (1231)

(2) receives a benefit 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; (1232)

(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by: (1233)

(A) Section 43.02 (Prostitution); (1234)

(B) Section 43.03 (Promotion of Prostitution); (1235)

(C) Section 43.04 (Aggravated Promotion of Prostitution); or (1236)

(D) Section 43.05 (Compelling Prostitution); (1237)

(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3); (1238)

(5) traffics a child with the intent that the trafficked child engage in forced labor or services; (1239)

(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services; (1240)

(7) traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by: (1241)

(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Children); (1242)

(B) Section 21.11 (Indecency with a Child); (1243)

(C) Section 22.011 (Sexual Assault); (1244)

(D) Section 22.021 (Aggravated Sexual Assault); (1245)

(E) Section 43.02 (Prostitution); (1246)

(F) Section 43.03 (Promotion of Prostitution); (1247)

(G) Section 43.04 (Aggravated Promotion of Prostitution); (1248)

(H) Section 43.05 (Compelling Prostitution); (1249)

(I) Section 43.25 (Sexual Performance by a Child); (1250)

(J) Section 43.251 (Employment Harmful to Children); or (1251)

(K) Section 43.26 (Possession or Promotion of Child Pornography); or (1252)

(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7). (1253)

(a-1) For purposes of Subsection (a)(3), "coercion" as defined by Section 1.07 includes destroying, concealing, confiscating, or withholding from the trafficked person, or threatening to destroy, conceal, confiscate, or withhold from the trafficked person, the trafficked person's actual or purported: (1254)

(1) government records; or (1255)

(2) identifying information or documents. (1256)

(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: (1257)

(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child at the time of the offense; (1258)

(2) the commission of the offense results in the death of the person who is trafficked; or (1259)

(3) the commission of the offense results in the death of an unborn child of the person who is trafficked. (1260)

(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. (1261)

(d) If the victim of an offense under Subsection (a)(7)(A) is the same victim as a victim of an offense under Section 21.02, a defendant may not be convicted of the offense under Section 21.02 in the same criminal action as the offense under Subsection (a)(7)(A) unless the offense under Section 21.02: (1262)

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