Penal Code · §20A.02
Trafficking of Persons
Elements
- A person
- Knowingly
- Traffics another person (or causes them to be trafficked) with the intent that the trafficked person engage in forced labor or services, or to receive a benefit from such conduct; OR knowingly traffics a child (under 18) and by any means causes the trafficked child to engage in or become victim of certain enumerated offenses (e.g., prostitution, sexual assault, indecency with a child, sexual performance, compelling prostitution); OR receives a benefit from such conduct
- ("Traffic" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means)
Penalty
Second-degree felony base — 2 to 20 years TDCJ + up to $10,000 fine (§12.33). First-degree felony if: victim is under 18 (regardless of force/fraud/coercion); victim suffers serious bodily injury or death; or the offense involves human smuggling under specified circumstances — 5 to 99 years or life + up to $10,000 fine (§12.32).
Enhancements
When victim is under 18, mandatory minimum confinement of 25 years applies in certain cases under §12.42 enhancements and §22.021-style provisions. Continuous Trafficking under §20A.03 (committed against the same or multiple victims over 30+ days) is a first-degree felony with 25-year minimum and no parole until 30 years served.