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Advanced Human Trafficking in the State of Texas

Advanced Human Trafficking in the State of Texas. TCOLE Course #: 3271. Hosted By. UNIT FOUR. Bexar County Constable ’ s Office PCT#4 Constable Robert M. Blount. LEARNING OBJECTIVES.

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Advanced Human Trafficking in the State of Texas

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  1. Advanced Human Trafficking in the State of Texas TCOLE Course #: 3271 Hosted By UNIT FOUR Bexar County Constable’s Office PCT#4 Constable Robert M. Blount

  2. LEARNING OBJECTIVES Learning Objective 4.0: The participant will be able to understand and explain role of law enforcement in human trafficking. Learning Objective 4.1: The participant will be able to list which laws are used to prosecute human trafficking. Learning Objective 4.2: The participant will be able to identify the Trafficking Victims Protection Act (TVPA) as the federal legislation used to prosecute human trafficking. Learning Objective 4.3: The participant will be able to identify the three key components of the TVPA utilized to combat human trafficking. 2

  3. LEARNING OBJECTIVES Learning Objective 4.4: The participant will be able to discuss the removal of the TVPA knowledge-of-age requirement involving minors. Learning Objective 4.5: The participant will be able to identify additional elements of the TVPA regarding sentencing, restitution and/or forfeiture of assets, witness protection and access to benefits and services. Learning Objective 4.6: The participant will be able to identify the elements of the State of Texas Penal Code Section 20A.02 referencing Trafficking of Persons. Learning Objective 4.7: The participant will be able to identify the Texas Penal Code offense classification if the trafficking victim is younger than 18 years of age at the time of the offense. Learning Objective 4.8: The participant will be able to explain why the Penal Code charge of Compelling Prostitution is considered an underlying charge to Human Trafficking.

  4. UNIT FOUR

  5. Victims of Trafficking and Violence Protection Act The Victims of Trafficking and Violence Protection Act of 2000  (P.L. 106-386), the Trafficking Victims Protection Reauthorization Act of 2008 (H.R. 7311) provide the tools to combat trafficking in persons both worldwide and domestically. The Acts authorized the establishment of G/TIP and the President's Interagency Task Force to Monitor and Combat Trafficking in Persons to assist in the coordination of anti-trafficking efforts

  6. 4.0 Role of Law Enforcement Local law enforcement is in the best position to see, interact and intervene in the rescue of human trafficking victims and provide the tools for successful prosecution of traffickers.

  7. This crime is one that will require officers to be acutely aware of the indicators of human trafficking and the key questions to ask. Human trafficking may be prosecuted at both the state and federal levels and will require the collaboration of every level of law enforcement along with non-law enforcement agencies known as Non-Governmental Organizations (NGO’s). 4.0

  8. 4.1 WHAT CAN LAW ENFORCEMENT DO? A. Know and Use existing Federal and State laws to interdict Human Trafficking 1. Trafficking Victims Protection Act - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U.S. citizens and non-citizens)

  9. 4.1 WHAT CAN LAW ENFORCEMENT DO? Continued 2. Enforcement of Texas Penal Code-State Laws B. Begin building partnerships with non-governmental organizations and other public agencies C. Look “Beneath the Surface”

  10. 4.1 Look Beneath the Surface - Continued Look in our own backyard as within PCT#4 don’t think it cannot happen in Bexar County or our own PCT!

  11. 4.2 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) A. Prior to 2000, there was no comprehensive federal law to protect victims of trafficking or to prosecute traffickers. B. TVPA was signed into law October 2000 and has since been re-authorized every three years by Congress. (2003/2005/2008)

  12. 4.2 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued C. TVPA made human trafficking a federal crime.

  13. 4.3 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Three key components of TVPA A. Prevention: Through public awareness and education support materials and personnel

  14. 4.3 TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Continued Three key components of TVPA B.Protection: Through services and benefits to help victims rebuild their lives such as • temporary residency • financialassistance • health care

  15. Three key components of TVPA B. Protection: Through services and benefits to help victims rebuild their lives such as • Job Training • Reintegrationinto main stream society.

  16. 4.3 Three key components of TVPA C.Prosecution: Through new law enforcement tools and efforts • define Human Trafficking as a crime • set appropriate sentencing terms for traffickers • require restitution by traffickers • provide witness protection for victims

  17. 4.4 Removal of TVPA Knowledge of Age Requirement A. Where non-violent coercion is used to force victims to work Threats to harm family in home country Threats to have victim deported Threats to harm 3rd person

  18. 4.4 Removal of TVPA Knowledge of Age Requirement – Cont’d: A. Where non-violent coercion is used to force victims to work • any other plan or scheme designed to convince the victim physical harm or restraint will be used against the victim or another

  19. 4.4 Removal of TVPA Knowledge of Age Requirement – Cont’d: B. Where victim's service is compelled by confiscation of their personal documents • Immigration papers / Passports • VISA’s • State issued drivers license

  20. 4.4 Removal of TVPA Knowledge of Age Requirement – Cont’d: C. In sex trafficking cases involving minors TVPA removed the requirement of the government to prove the suspect (trafficker.. or John) knew the victim was under 18 years of age.

  21. 4.5 Additional elements of TVPA provides for A. Increased prison terms for all slavery violations up to 20 years; adds life imprisonment if it involves; • death, • kidnapping, or the • sexualabuse of victim

  22. 4.5 Additional elements of TVPA provides for…Cont’d B. Restitution and/or forfeiture of assets upon conviction 1. payment of lost wages and overtime (FSLA Standards) 2. forfeiture of property bought by the trafficker using victim’s lost income

  23. 4.5 Additional elements of TVPA provides for…Cont’d C. Witness protection, legal immigration status 1. Victim and family members may be included in Witness protection programs if needed 2. Issuance of State Department “T” Visa

  24. 4.5 Additional elements of TVPA provides for…Cont’d D. Access to Federal public benefits and services 1. T Visa determines status to receive social services 2. Benefits considered appropriate by US Attorney General based on victims needs.

  25. TEXAS LAWS ON TRAFFICKING

  26. 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: 4.6 TEXAS PENAL CODE 43.02 Prostitution

  27. 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; 4.6 TEXAS PENAL CODE Continued

  28. 4.6 TEXAS PENAL CODE Continued (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:

  29. (C) knowing, destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove or confiscate, or withhold from the person or another person, the person actual or purported: (i) government records; (ii) identifying information; or (iii) personal property;

  30. (D) threatening the person with abuse of the law or the legal process in relation to the person or another person; 4.6 TEXAS PENAL CODE Continued

  31. TEXAS PENAL CODE Continued (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;

  32. (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: TEXAS PENAL CODE Continued

  33. (F) (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; (F) (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

  34. TEXAS PENAL CODE Continued (F) (iii) the principal amount of the debt does not reasonably reflect the value of the items or services for which the debt is incurred; or

  35. (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. 4.6 TEXAS PENAL CODE Continued

  36. 4.6 TEXAS PENAL CODE Continued (2) "TRAFFIC"means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means.

  37. § 20A.02. TRAFFICKING OF PERSONS (a) A person commits an offense if the person knowingly: (1) traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or 4.7 TEXAS PENAL CODE Continued

  38. 4.7 TEXAS PENAL CODE Continued § 20A.02. TRAFFICKING OF PERSONS (a) (2)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.

  39. 4.7 TEXAS PENAL CODE Continued § 20A.02. TRAFFICKING OF PERSONS (b) Except as otherwise provided by this subsection an offense under this section is a: FELONY OF THE SECOND DEGREE

  40. An offense under this section is a FELONY OF THE FIRST DEGREE if: (1) the applicable conduct constitutes an offense under Section 43.05 or 43.25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of 4.7 TEXAS PENAL CODE Continued

  41. whether the actor knows the age of the child at the time the actor commits the offense; or (2) the commission of the offense results in the death of the person who is trafficked. 43.05 Compelling Prostitution 43.25 Sexual Performance of a Child

  42. Sec. 43.05 Compelling Prostitution (a) A person commits an offense if the person knowingly: (1) causes another by force, threat, or fraud to commit prostitution; or first degree. 4.8 TEXAS PENAL CODE Continued Underlying charge to Human Trafficking

  43. 4.8 TEXAS PENAL CODE Cont’d Sec. 43.05 Compelling Prostitution (a) (2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. • An offense under this section is a felony of the second degree.

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