Legal Definitions - Sex trafficking

Sex trafficking is a severe form of human trafficking that involves exploiting individuals for commercial sexual purposes. It is a serious crime under U.S. law.

At its core, sex trafficking occurs when someone engages in actions like recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting another person with the specific intent that the person will participate in a "commercial sex act."

• A commercial sex act is defined as any sexual act for which something of value is given or received by any person. This "value" can be money, but it can also include other benefits like drugs, shelter, food, or protection.

The law makes an important distinction based on the victim's age:

• If the victim is under 18 years old, any involvement in a commercial sex act constitutes sex trafficking, regardless of whether force, fraud (deception), or coercion (pressure or threats) was used. The mere fact that a minor is involved in commercial sex is sufficient.
• If the victim is 18 years or older, sex trafficking only occurs if the perpetrator used actual or threatened force, fraud, or coercion to compel the person into engaging in commercial sex acts.

Both individuals who facilitate or organize the commercial sex act and those who pay for or solicit such acts can be held criminally liable for sex trafficking.

Examples of Sex Trafficking:

• Example 1: Exploiting a Vulnerable Minor

  A seemingly kind individual approaches a homeless 16-year-old, offering them a place to stay and food. Over time, this individual subtly manipulates the teenager, eventually arranging for them to perform sexual acts for money, which the individual then collects. The teenager might not initially perceive themselves as being forced, but because they are under 18 and are being provided for commercial sex acts, this constitutes sex trafficking.

  This illustrates sex trafficking because a minor (under 18) is being provided for the purpose of a commercial sex act. Under the law, the use of force, fraud, or coercion is not required to establish sex trafficking when the victim is a minor.

• Example 2: Deception and Coercion of an Adult

  A foreign national, an adult, is promised a high-paying job in another country. Upon arrival, their passport is confiscated, and they are informed they owe a substantial "debt" for their travel and accommodation. They are then threatened with deportation or harm to their family back home if they do not engage in commercial sex acts, with all earnings taken by their captors.

  This demonstrates sex trafficking involving an adult victim. The elements of fraud (deceptive job offer), coercion (confiscation of passport, creation of debt), and threats (harm to family) are used to compel the adult into commercial sex acts, fulfilling the legal definition.

• Example 3: Patronizing a Trafficked Individual

  An individual uses an online forum to arrange a sexual encounter. They are aware, through details shared on the forum or by the person they meet, that the adult they are paying for sex is being controlled by a third party who takes all their earnings and prevents them from leaving. Despite this knowledge, the individual proceeds with the commercial sex act.

  This example highlights that "patronizing" or "soliciting" a commercial sex act from a trafficked individual can also be a form of sex trafficking. Even if the individual did not directly recruit or transport the victim, their knowing participation in the commercial sex act with an individual who is being trafficked makes them criminally liable.