Texas Information Resource Library

About | Child Trafficking and Exploitation and Child Protective Services

Awareness and education are critical to preventing child exploitation and trafficking in Texas and across the nation. The resources, information, and tools below will help you gain knowledge, know the facts, and get in the fight by mobilizing your community to end the war on children.

Section I: Texas State Laws

The following is a list of state statutes that relate to human and child trafficking with links and short summaries.

CRIMES AND OFFENSES AGAINST CHILDREN; CRIMINAL PROCEDURE

Child Grooming: Solicitation of a Minor

Child Grooming: Solicitation of a Minor [4 Tx. Penal Code Ch. 15]
Click to Read: 4 Tx. Penal Code Ch. 15 Child Grooming; Solicitation of a Minor

This statute outlines the crime of Child Grooming and the solicitation of a minor, which are more specifically set forth in Sections § 15.031 and Section § 15.032 of this Chapter.

Kidnapping, Unlawful Restraint, and Smuggling of Persons

Kidnapping, Unlawful Restraint, and Smuggling of Persons [5 Tx. Penal Code Ch. 20]

20.03 Kidnapping
Click To Read: 20.03 Kidnapping

This statute defines and penalizes and provides an affirmative defense for kidnapping.

20.06 Continuous Smuggling of Persons
Click To Read: 20.06 Continuous Smuggling of Persons

This statute defines that if a person commits an offense if, during a period that is 10 or more days in duration, they engage in two or more times in conduct that constitutes an offense under Section 20.05.

20.04 Aggravated Kidnapping
Click To Read: 20.04 Aggravated Kidnapping

This person commits an offense if he intentionally or knowingly abducts another person with the intent to: “1) hold him for ransom or reward; 2) use him as a shield or hostage; 3) facilitate the commission of a felony or the flight after the attempt or commission of a felony; 4) inflict bodily injury on him or violate or abuse him sexually; 5) terrorize him or a third person; or 6) interfere with the performance of any governmental or political function.

20.07 Operation of Stash House
Click To Read: 20.07 Operation of Stash House

This statute establishes an offense if a person knowingly: “uses or permits another to use any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person’s control to commit an offense or to facilitate the commission of an offense under Section 20.05, 20.06, 20A.02, 20A.03, 43.04, or 43.05; or (2) rents or leases any property to another, intending that the property be used as described by Subdivision (1).”

20.11 Indecency with a Child
Click To Read: 20.11 Indecency with a Child

This statute outlines that, “a person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person: 1) engages in sexual contact with the child or causes the child to engage in sexual contact; or 2) with intent to arouse or gratify the sexual desire of any person: a) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or b) causes the child to expose the child’s anus or any part of the child’s genitals.”

Trafficking of Persons

Trafficking of Persons [5 Tx Penal Code Ch. 20A]

20A.01 Definitions
Click To Read: 20A.01 Definitions

This statute outlines the definitions for key terms used throughout the chapter.

20A.02 Trafficking of Persons
Click To Read: 20A.02 Trafficking of Persons

This statue outlines the offense of trafficking and various trafficking related offenses as well as the penalties for the offense.

20A.03 Continuous Trafficking of Persons
Click To Read: 20A.03 Continuous Trafficking of Persons

This statute establishes that “a person commits an offense if, during a period that is 30 or more days in duration the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims.” It further establishes that an offense under this statute is a first-degree felony, punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of up to 99 years but no less than 25 years.

20.A.4 Accomplice Witness: Testimony and Immunity
Click To Read: 20.A4 Accomplice Witness: Testimony and Immunity.

This statute outlines that a party to an offense under Chapter 20A may be required to provide evidence or testify about the offense. It further notes that “A party to an offense under this chapter may not be prosecuted for any offense about which the party is required to provide evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury.” The statute also defines Adjudicatory Proceeding as, “proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined.”

Sexual Offenses

Sexual Offenses [5 Tx. Penal Code Ch. 21]

21.02 Continuous Abuse of a Child or Disabled Person
Click To Read: 21.02 Continuous Abuse of a Child or Disabled Person

This statute establishes that a person commits an offense if: “1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and 2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is: a) a child younger than 14 years of age, regardless of whether the actor knows the age of the victim at the time of the offense; or b) a disabled individual.”

21.18 Sexual Coercion
Click To Read: 21.18 Sexual Coercion

This statute outlines the crime of sexual coercion. This statute establishes that “a person commits an offense if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 43 or Section 20A.02(a)(3), (4), (7), or (8), 21.02, 21.08, 21.11, 21.12, 21.15, 21.16, 21.17, 22.011, or 22.021 to obtain, in return for not committing the threatened offense or in connection with the threatened offense, any of the following benefits: 1) intimate visual material; 2) an act involving sexual conduct causing arousal or gratification; or 3) a monetary benefit or other benefit of value.” A person also commits an offense under the statute “if the person intentionally threatens, including by coercion or extortion, to commit an offense under Chapter 19 or 20 or Section 20A.02(a)(1), (2), (5), or (6) to obtain, in return for not committing the threatened offense or in connection with the threatened offense, either of the following benefits: 1) intimate visual material; or 2) an act involving sexual conduct causing arousal or gratification. “

Offenses Against the Family

Offenses Against the Family [6 Tx. Penal Code Ch. 25]

25.06 Harboring a Runaway Child
Click to Read: 25.06 Harboring a Runaway Child

This statute establishes that a person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child: “1) is younger than 18 years; and 2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without the intent to return. The statute also provides a defense to prosecution under the statute 1) the person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody; or 2) a law enforcement agency or a person at the child’s home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child’s parent or guardian. On the receipt of a report from a peace officer, probation officer, the Texas Youth Council, a foster home, or a detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.”

25.08 Sale or Purchase of Child
Click To Read: 25.08 Sale or Purchase of Child

This statute prohibits any person from, “possesses a child younger than 18 years of age or has the custody, conservatorship, or guardianship of a child younger than 18 years of age, whether or not he has actual possession of the child, and he offers to accept, agrees to accept, or accepts a thing of value for the delivery of the child to another or for the possession of the child by another for purposes of adoption; or gives a thing of value to another for acquiring or maintaining the possession of a child for purposes of adoption.” The statue also outlines exceptions to this statute including payments made to authorized child placing agencies.

25.081 Unregulated Custody Transfer of Adopted Child
Click To Read: 25.081 Unregulated Custody Transfer of Adopted Child

This statute defines an unregulated custody transfer as, “the transfer of the permanent physical custody of an adopted child by the parent, managing conservator, or guardian of the child without receiving approval of the transfer by a court as required by Section 162.026, Family Code.” It prohibits any person from knowingly conducting, facilitating or participating in the unregulated custody transfer of an adopted child.”

25.09 Advertising For a Placement of Child
Click To Read: 25.09 Advertising For a Placement of Child

This statute prohibits any person from advertising that a person will place, provide, or obtain a child for adoption or any other form of physical custody of the child but provides an exception for licensed facilities.

Organized Crime and Children

Organized Crime and Children [11 Tx. Penal Code Ch. 71]

71.02 Engaging in Organized Criminal Activity
Click To Read: 71.02 Engaging in Organized Criminal Activity

This statute outlines the crime of engaging in organized criminal activity including sexual assault, continuous sexual abuse of young child or disabled individual, solicitation of a minor.

Registration and Identification Requirements

Registration and Identification Requirements [1 Tx. RCRP Ch. 42] Click To Read: 42.016 Special Driver’s License or ID Requirements for Certain Offenders

This statute provides that if a person is convicted of an offense for which a conviction requires the person to be registered as a sex offender, numerous registration and identification duties may apply to the offender, depending on the offense committed.

Liability for Trafficking of Persons

Liability for Trafficking of Persons [4 Civ Practice & Remedies Code Ch. 98]

98.001 Definitions
Click To Read 98.001 Definitions

This statute provides that the definition of ‘trafficking of persons’ means “conduct that constitutes an offense under Chapter 20A, Penal Code.”

98.002 Liability
Click To Read 98.002 Liability

This statue provides that “a defendant who engages in the trafficking of persons or who intentionally or knowingly benefits from participating in a venture that trafficking another person is liable to the person trafficked for damages arising from the trafficking of that person.” It further prohibits a defense of acquittal or previous prosecution/conviction under Chapter 20A of the Texas Penal Code as a defense to liability under this statute.

98.0025 Shareholder and Member Liability
Click To Read 98.0025 Shareholder and Member Liability

This statute provides that “if a legal entity is liable under Section 98.002, a shareholder or member of that entity is jointly and severally liable with the entity to the person trafficked for damages arising from the trafficking of that person if the person demonstrates that the shareholder or member caused the entity to be used for the purpose of trafficking that person and did traffic that person for the direct personal benefit of the shareholder or member.”

98.005 Joint and Several Liability
Click To Read 98.005 Joint and Several Liability

This statute provides that “a person who engages in the trafficking of persons or who intentionally or knowingly benefits from participating in a venture that trafficks another person and is found liable under this chapter or other law for any amount of damages arising from the trafficking is jointly liable with any other defendant for the entire amount of damages arising from the trafficking.”

98.006 Liberal Construction and Application
Click To Read 98.006 Liberal Construction and Application

This statute provides that “this chapter is to be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.”

Commercially Sexually Exploited Persons Court Program

Commercially Sexually Exploited Persons Court Program [2 Gov. Code Sub. K Ch. 126]

126.001 Commercially Sexually Exploited Persons Court Program; Procedures for Certain Defendants
Click To Read 126.001 Commercially Sexually Exploited Persons Court Program; Procedures for Certain Defendants

This statute defines ‘commercially sexually exploited persons court program’ as “a program that has the following characteristics: the integration of services in the processing of cases in the judicial system; the use of a no adversarial approach involving prosecutors and defense attorneys to promote public safety, to reduce the demand for the commercial sex trade and trafficking of persons by educating offenders, and to protect the due process rights of program participants; (3) early identification and prompt placement of eligible participants in the program;(4) access to information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse; (5) a coordinated strategy to govern program responses to participant compliance; (6) monitoring and evaluation of program goals and effectiveness; (7) continuing interdisciplinary education to promote effective program planning, implementation, and operations; and (8) development of partnerships with public agencies and community organizations.” The statute further provides that if a defendant completes a commercially sexually exploited persons court program, the court will enter an order of nondisclosure of criminal history record information as if the defendant receives a discharge and dismissal under Article 42A.11, Code of Criminal Procedure.

CHILD PROTECTIVE SERVICES (CPS) LAWS AND CHILD WELFARE

Department of Family and Protective Services, Training, Reporting, and Placement

Department of Family and Protective Services, Training, Reporting, and Placement [5 Family Code E Chapter 264]

264.001 Definitions
Click To Read 264.001 Definitions

This statute provides definitions of key terms used throughout Chapter 264.

264.1213 Records and Document for Children Aging out of Foster Care
Click To Read: 264.1213 Records and Document for Children Aging out of Foster Care

This statute outlines that, “the Department in cooperation with volunteer advocates from a charitable organization described by Subchapter C, Chapter 107, and the Department of Public Safety shall develop procedures to ensure that a foster child obtains a driver’s license or personal identification card before the child leave the conservatorship of the department.

264.1214 Housing for Homeless Youth Aging Out of Foster Care
Click To Read: 264.1214 Housing for Homeless Youth Aging Out of Foster Care

This statute outlines the timeline and requirements for youth aging out of the foster care system to ensure that the youth have housing on the date that they enter extended foster care.

264.123 Reports Concerning Children Who Are Missing or Victims of Sex Trafficking
Click To Read: 264.123 Reports Concerning Children Who Are Missing or Victims of Sex Trafficking

This statute outlines the procedure for notification and reporting of a missing child who is under the Department’s managing conservatorship.

264.118 Annual Survey
Click To Read: 264.118 Annual Survey

This statute requires that the Department collect and report service and outcome information for certain current and former foster care youth for use in the National Youth in Transition Database.

264.0145 Release of Case Records
Click To Read: 264.0145 Release of Case Records

This statute defines case records as, “hose files, reports, records, communications, audio recordings, video recordings, or working papers under the custody and control of the department that are collected, developed, or used: in a child abuse or neglect investigation; or in providing services as a result of an investigation, including substitute care services for a child. This statute states that the department is not required to release a copy of the case record except as provided by law and department rule. Further, it also provides that “the executive commissioner by rule shall establish guidelines that prioritize requests to release case records, including those made by an adult previously in the department’s managing conservatorship.”

264.015 Training
Click To Read: 264.015 Training

This statute requires that “the department include training in trauma-informed programs and services in any training the department provides to foster parents, adoptive parents, kinship caregivers, department caseworkers, and department supervisors.” It places further requirements on the department in executing this training.

264.017 Required Reporting
Click To Read: 264.017 Required Reporting

This statute requires that, “departments prepare and disseminate a report of statistics by county relating to key performance measures and data elements for child protection. The department is required to provide the report to the legislature and shall publish the report and make it available electronically to the public not later than February 1st of each year.” The statute further outlines the required content for the report.

264.018 Required Notification
Click To Read: 264.018 Required Notification

This statute outlines the notice requirements for the department for certain events relating to the children placed under its care.

264.019 Collection and Reporting of Alcohol and Controlled Substance Statistics
Click To Read: 264.019 Collection and Reporting of Alcohol and Controlled Substance Statistics

This statute requires that, “the department collect the following information and update the department’s automated case tracking and information management system to allow caseworkers to record information outlined in the statute.” It further provides that, “no later than November 1st of each year, the department shall: prepare a report for the preceding year containing: the information outlined in the statute and data collected under Section 531.02143 of the Government Code and post a copy of the report on the department’s Internet website; and electronically submit a copy of the report to the legislature.”

264.019 Collection and Reporting of Alcohol and Controlled Substance (Effective April 1st, 2025)
Click To Read: 264.019 collection and Reporting of Alcohol and Controlled Substance (Effective April 1st, 2025)

Effective April 1st, 2025, the report prepared no later than November 1st of each year, the government code citation will be 532.0204. It further requires that, “the department implements this section in a state fiscal biennium only if the commissioner of the department determines that the legislature has specifically appropriated an amount sufficient to update the department’s automated case tracking and information management system. If the commissioner of the department does not make that determination, the department shall implement this section no later than the date of the department’s next update of the automated case tracking and information management system.”

264.1061 Foster Parent Performance
Click To Read: 264.1061 Foster Parent Performance

This statute requires the department to monitor the performance of foster parents. The statute outlines the method under which performance is monitored and states that it must include the use of objective criteria by which the foster parent’s performance may be assessed It further requires that, “the department shall include references to the criteria in a written agreement between the department and the foster parent concerning the foster parent’s services.”

264.107 Placement of Children
Click To Read: 264.107 Placement of Children

This statue outlines the procedure for the department in selecting the placement of a child.

264.1075 Assessing Needs of a Child
Click To Read: 264.1075 Assessing Needs of a Child

This statute provides that, ” after removing a child from the child’s home, the department shall use assessment services provided by a child-care facility, a child-placing agency, or the child’s medical home during the initial substitute care placement. This assessment may be used to determine the most appropriate substitute care placement for a child, if needed. As soon as possible after a child is placed in the managing conservatorship of the department, the department shall assess whether the child has a developmental or intellectual disability. If the assessment required by Subsection (b) indicates that the child might have an intellectual disability, the department shall ensure that a referral for a determination of intellectual disability is made as soon as possible and that the determination is conducted by an authorized provider before the date of the child’s 16th birthday, if practicable. It further states that If the child is placed in the managing conservatorship of the department after the child’s 16th birthday, the determination of intellectual disability must be conducted as soon as possible after the assessment required by Subsection (b). “

264.1085 Foster Care Placement in Compliance with Federal Law Required
Click To Read: 264.1085 Foster Care Placement in Compliance with Federal Law Required

This statute required the department or licensed child-placing agency making a foster care placement to comply with the Multiethnic Placement Act of 1994.

264.112 Report on Children in Substitute Care
Click To Read: 264.112 Report on Children in Substitute Care

This statute requires the department to “report the status for children in substitute care to the executive commissioner at least once every 12 months and the report must analyze the length of time each child has been in substitute care and the barriers to placing the child for adoption or returning the child to the child’s parent or parents.”

264.121 Transitional Living Services Program
Click To Read: 264.121 Transitional Living Services Program

This statute requires the department to address the challenges facing foster care children in the conservatorship of the department and outlines the steps the department must take in order to do so.

264.122 Court Approval Required for Travel Outside United States by Child in Foster Care
Click To Read: 264.122 Court Approval Required for Travel Outside United States by Child in Foster Care

This statute requires that a child in the custody of the department and who has been placed in foster care can only travel outside of the United States if the person with whom the child has been placed has petitioned the court for, and the court has rendered an order granting approval for the child to do so. The court is required to provide notice to the department and to any other person entitled to notice if they approve the petition.

264.125 Age-Appropriate Normalcy Activities: Standard of Care
Click To Read: 264.125 Age-Appropriate Normalcy Activities: Standard of Care

This statute requires that, ” the department use its best efforts to normalize the lives of children in the managing conservatorship of the department by allowing substitute caregivers, without the department’s prior approval, to make decisions similar to those a parent would be entitled to make regarding a child’s participation in age-appropriate normalcy activities.” In doing so, the substitute caregiver must exercise the standard of care of a reasonable and prudent parent.” It further outlines that the department adopts and implements policies to promote the goal of this statute. It also requires the department to require training licensed child placing agency personnel, residential childcare licensing staff, conservatorship caseworkers, and other persons as may be determined by the department to complete a course of training regarding both decisions making under the standard of care of a reasonable and prudent parent and the benefits of participation in age-appropriate normalcy activities.

264.5032 Report on Child Fatality and Near Fatality Data
Click To Read: 264.5032 Report on Child Fatality and Near Fatality Data

This statute requires that the department produce a report relating to child fatality and near facility in cases resulting from abuse or neglect containing any specific information outlined in the statute.

264.509 Access to Information
Click To Read: 264.509 Access to Information

This statute outlines the process for a review team to request information and records of a deceased child in the custody.

264.610 Confidentiality
Click To Read: 264.610 Confidentiality

This statute provides that, “the commission may not disclose information gained through reports, collected case data, or inspections that would identify a person working at or receiving services from a volunteer advocate program.”

264.613 Use of Information and Records: Confidentiality
Click To Read: 264.613 Use of Information and Records: Confidentiality

This statute states that, “The files, reports, records, communications, and working papers used or developed in providing services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this subchapter.” It further states that the information may be disclosed to the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state agencies that provide services to children and families; the attorney for the child who is the subject of the information; and eligible children’s advocacy centers. It also provides that information related to the investigation of a report of abuse or neglect of a child and services provided as a result of the investigation are confidential as provided by section 261.201.”

264.905 Removal of Child by Department
Click To Read: 264.905 Removal of Child by Department

This statute states that, “this subchapter of 264 does not prevent the department from removing a child at any time from a person who makes a parental child safety placement or from a caregiver if removal is determined to be necessary by the department for the safety and welfare of the child as provided by Chapter 262.”

Termination of the Parent-Child Relationship

Termination of the Parent-Child Relationship [5 Tx. Family Code Subtitle B Ch. 161]

161.001 Involuntary Termination of Parent Child Relationship
Click To Read: 161.001 Involuntary Termination of Parent Child Relationship

This statute provides when a court can order termination of the parent-child relationship and evidence that does not support finding a sufficient cause for ordering termination of the parent-child relationship.

161.007 Termination When Pregnancy Results From Criminal Act
Click To Read: 161.007 Termination When Pregnancy Results From Criminal Act

This statute provides when a court can terminate a parent-child relationship if a pregnancy results from certain criminal sexual acts by a parent.

Missing Children and Missing Persons Protocols

Missing Children and Missing Persons Protocols [1 Tx. RCRP Ch. 63]

63.001 Definitions
Click To Read: 63.001 Definitions

This statute defines key terms that are used throughout chapter 63.

63.002 Missing Children and Missing Persons Information Clearinghouse
Click To Read: 63.002 Missing Children and Missing Persons Information Clearinghouse

This statute establishes the clearing house within the Department of Public Safety and notes that it is under the administrative direction of the director of the department as well as requiring that it shall be used by all law enforcement agencies of the state.

63.003 Function of Clearinghouse
Click To Read: 63.003 Function of Clearinghouse

This statute introduces the clearing house as the central repository of information on missing children, missing persons and attempted child abductions and outlines their duties.

63.004 Report Forms
Click To Read: 63.004 Report Forms

This statute provides that, “the Department of Public Safety shall distribute missing children and missing person report forms. A missing child or person report may also be made to a law enforcement officer who is authorized by the department to receive reports in person or by telephone or other indirect method of communication and the officer may enter the information on the form for the reporting person.”

63.005 Distribution Information
Click To Read: 63.005 Distribution Information

This statute outlines that the clearing house shall print and distribute flyers and other information with descriptions of missing children. It also requires that the clearing house provides information about missing children who may be in the school systems to the Texas Education Agency. The clearing house can also receive information about missing children from the Public Education Information Management System of the Texas Education Agency and from school districts.

63.006 Release of Dental Records
Click To Read: 63.006 Release of Dental Records

This statute provides that, when a child is reported missing, the person who made the report shall give or mail a dental release form. The statute further outlines the procedure for obtaining and releasing dental forms for the missing child.

63.007 Release of Medical Records
Click To Read: 63.007 Release of Medical Records

This statute outlines the procedure for law enforcement to obtain a release of medical records for a missing child or adult.

63.008 Missing Children Program
Click To Read 63.008 Missing Children Program

This statute requires that, “the Texas Education Agency develop and administer a program for the location of missing children who may be enrolled within the Texas school system, including nonpublic schools, and for the reporting of children who may be missing or who may be unlawfully removed from schools. The program includes the use of the information received from the missing children and missing persons information clearinghouse and shall be coordinated with the operations of that information clearinghouse.” It also allows the State Board of Education to adopt rules for operating the program and requires participation of all school districts and accredited private schools in the state.

63.011 Missing Children Investigations
Click To Read: 63.011 Missing Children Investigations

This statute provides that, “on the written request made to a law enforcement agency by a parent, foster parent, managing or possessory conservator, guardian of the person or the estate, or other court-appointed custodian of a child whose whereabouts are unknown, the law enforcement agency shall request from the missing children and missing persons information clearing house information concerning the child that may aid the person making the request in the identification of location of the child.”

63.013 Information to Clearinghouse
Click To Read: 63.013 Information to Clearinghouse

This statute provides that law enforcement shall provide certain information to the missing children and missing persons information clearinghouse: “1) any information that would assist in the location or identification of any missing child who has been reported to the agency as missing; and 2) any information regarding an attempted child abduction that has been reported to the agency or that the agency has received from any person or another agency. “

63.014 Cross Checking and Matching
Click To Read: 63.014 Cross Checking and Matching

This statute requires the clearing house to cross check and attempt to match unidentified bodies with missing children or missing persons and outlines the requirements for when they find a match between an unidentified body and missing child or person.

63.015 Availability of Information Through Other Agencies
Click To Read: 63.015 Availability of Information Through Other Agencies

This statute provides that, upon the request of any law enforcement agency, a city or state agency shall furnish the law enforcement agency with any information about a missing child or missing person that will assist in completing the investigation. Information that is given under this statute is confidential and may not be released to any other person outside of the law enforcement agency.

63.017 Confidentiality of Certain Records
Click To Read: 63.017 Confidentiality of Certain Records

This statute provides that, “clearing house records that relate to the investigation by the law enforcement agency of a missing child, a missing person, or an unidentified body and records or notations that the clearinghouse maintains for internal use in matters relating to missing children, missing persons, or unidentified bodies are confidential.”

63.019 School Records System
Click To Read: 63.019 School Records System

This statute outlines the procedures for the school records system when enrolling a child under the age of 11 for the first time at that school.

63.020 Duty of Schools and Other Entities to Flag Missing Children’s Records
Click To Read: 63.020 Duty of Schools and Other Entities to Flag Missing Children’s Records

This statute requires that when a report is made to law enforcement that a child under the age of 11 is missing, schools and other entities have a duty to flag the records of the missing children. This statute outlines the procedures for doing so.

63.021 System for Flagging Records
Click To Read: 63.021 System for Flagging Records

This statute outlines the system for flagging records at certain institutions of missing children under the age of 11.

63.022 Removal of Flag from Records
Click To Read: 63.022 Removal of Flag from Records

This statute provides the procedures from removing a flag from a child’s record when they are no longer missing.

63.0041 Reporting of Attempted Child Abduction
https://statutes.capitol.texas.gov/Docs/CR/htm/CR.63.htm#63.0041

This statute outlines the requirements for law enforcement after receiving a report of an attempted child abduction. It establishes that a local law enforcement agency shall notify the clearinghouse no later than 8 hours after receiving a report of an attempted child abduction.

Human Trafficking Prevention Coordinating Council

Human Trafficking Prevention Coordinating Council [4 Tx. Gov. Code Subtitle A. Ch. 402]

402.034 Human Trafficking Prevention Coordinating Council
Click To Read 402.034 Human Trafficking Prevention Coordinating Council

This statute requires the attorney general to establish the human trafficking prevention coordinating council and outlines the duties and structure of the counsel.

402.035 Human Trafficking Prevention Task Force
Click To Read 402.035 Human Trafficking Prevention Task Force

This statute requires the attorney general to establish the human trafficking prevention task force. It further outlines the duties and structure of the task force.

402.0351 Required Posting of Human Trafficking Signs by Certain Entities, Civil Penalty
Click To Read 402.0351 Required Posting of Human Trafficking Signs by Certain Entities, Civil Penalty

This statute requires operators of certain business to post a sign or notice relating to human trafficking that “contains information for services and assistance available to victims of human trafficking in both English and Spanish; include a toll-free telephone number and internet website for accessing human trafficking resources; the contact information for reporting suspicious activity to the Department of Public Safety; and the key indicators that a person is a victims of human trafficking.”

402.038 Transitional and Organized Crime Division
Click To Read 402.038 Transitional and Organized Crime Division

This statute requires the office of attorney general to establish a transitional and organized crime division to address matters related to border security and organized crime. It further outlines the duties of the division which includes, among other duties, assisting local law enforcement agencies and local prosecutors in investigating and prosecuting trafficking of persons and related crimes.

SCHOOL AND BUSINESS LAWS AND PROGRAMS PROTECTING CHILDREN AND VICTIMS OF CHILD TRAFFICKING

SCHOOLS

Public Schools and Missing Child Prevention and Identification Programs

Public Schools and Missing Child Prevention and Identification Program [2 Tx. Education Code Ch. 33A]

Sec. 33.051 Definitions
Click To Read Sec. 33051 Definitions

This statute provides definitions for key terms used throughout the chapter.

Sec. 33.052 Missing Child Prevention and Identification Programs
Click To Read Sec. 33.052 Missing Child Prevention and Identification Programs

This statute states that, “the board of trustees of a school district or of a private school may participate in missing child prevention and identification programs, including fingerprinting and photographing as provided by this chapter.”

Sec. 33.053 Fingerprints of Children
Click To Read Sec. 33.053 Fingerprints of Children

This statute allows “a missing child prevention and identification program to include a procedure for taking the fingerprints of each student that is registered in the school whose parent or legal guardian has consented in writing to the fingerprinting. Fingerprints obtained under this section may be used only for the identification and location of a missing child.”

Sec. 33.0531 Child Identification Program
Click To Read Sec. 33.0531 Child Identification Program

This statute requires the agency to provide all school districts and open enrollment charter schools in-home fingerprint and DNA identification kits to be distributed through the district or school on request to the parent or legal custodian of any kindergarten, elementary or middle school student. A parent/legal custodian who receives a fingerprint and DNA identification kit may submit the kit to federal, state, tribal, or local law enforcement to help locate and return a missing or trafficked child.

Sec. 33.054 Photographs of Children
Click To Read Sec. 33.054 Photographs of Children

This statute requires a participating school to retain a current photograph of each child registered in the school whose parent/legal custodian has consented in writing. It further provides that photographs retained under this section may be used only for the identification and location of a missing child.

Sec. 33.056 Liability for Nonperformance
Click To Read Sec. 33.056 Liability For Nonperformance

This statute states that, “a person is not liable in any suit for damages for negligent performance or nonperformance of any requirement of this subchapter.”

Sec. 33.057 Destruction of Fingerprints and Photographs
Click To Read Sec. 33.057 Destruction of Fingerprints and Photographs

This statute provides that the agency shall adopt rules relating to the destruction of fingerprints and photographs made or kept under Section 33.053 or 33.054.

School Reporting, Continuing Education, and Training Requirements

School Reporting, Continuing Education, and Training Requirements

11.159 Member Training and Orientation
Click To Read: TEC 11.159 Member Training and Orientation

This statute outlines the requirements for trainings that independent school district trustees must complete. The State Board of education is responsible for providing these training courses. The statute requires that every two years the trustees must complete three hours of training on evaluating academic performance of students as well as one hour of training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.

21.054 Continuing Education
Click To Read TEC 21.054 Continuing Education

This statute outlines the requirements for classroom teachers, counselors, and educators who teach students with dyslexia. The statute further provides that superintendents must complete at least 2-1/2 hours of continuing education training every five years of training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.

38.004 Child Abuse Reporting and Programs
Click To Read 38.004 Child Abuse Reporting and Programs

This statute requires, “the agency to develop a policy governing the reports of child abuse or neglect as required by Chapters of the Texas Code including for school districts, open enrollment charter schools, and their employees.” It requires that the policy must provide for cooperation with law enforcement in child abuse investigations and further requires each school district and open enrollment charter school employee to report child abuse or neglect including trafficking of children.

38.0041 Policies Addressing Sexual Abuse and Other Maltreatment of Children
Click To Read 38.0041 Policies Addressing Sexual Abuse and Other Maltreatment of Children

This statute requires each school district and open-enrollment charter school to adopt and implement a policy addressing sexual abuse, sex trafficking, and other maltreatment of children, to be included both in the district improvement plan and any informational handbook that is provided to students and parents. It further provides requirements for polices implemented under this section. This statute further provides that methods for increasing awareness of sexual abuse, trafficking and maltreatment of children must include training concerning prevention techniques for and recognition of sexual abuse, sex trafficking, and all other maltreatment of children, including the sexual abuse, sex trafficking, and other maltreatment of children with significant cognitive disabilities. This training must be provided as part of a new employee orientation to all new school district and open enrollment charter school employees.

38.0042 Posting Child Abuse Hotline Telephone Number
Click To Read Sec.38.0042 Posting Child Abuse Hotline Telephone Number

This statute requires each public school and open-enrollment charter school to post a sign in English and Spanish that contains the toll-free number operated by the Department of Family and Protective Services to receive reports of child abuse or neglect.

61.1 Continuing Education for School Board Members
Click To Read 61.1 Continuing Education for School Board Members

This statute requires that under Texas Education Code, the State Board of Education must adopt a framework for governing leadership to be used in structing continuing education for school board members. It further provides that the continuing education requirements mandated under 11.150 applies to every member of an independent school district board of trustees. It also outlines the requirements that the training must meet including training on identifying and reporting potential victims of sexual abuse, human trafficking, and maltreatment of children.

61.1051 Reporting Child Abuse or Neglect, Including Trafficking of a Child
Click To Read 61.1051 Reporting Child Abuse or Neglect, Including Trafficking of a Child

This statute requires the board of trustees of a school district or governing body of an open enrollment charter school to adopt and annually review policies for reporting child abuse and neglect. The statute outlines the requirements that the policies must adhere to. The statute outlines the requirements that this policy must meet. Further, “the policy must require that every school employee, agent, or contractor who suspects a child’s physical or mental health or welfare has been adversely affected by abuse or neglect submit a written or oral report to the proper authorities (specificized further in the statute) within 48 hours or less, as determined by the board of trustees, after learning of facts giving rise to the suspicion.” The statute also requires each school district and open enrolment chart school to adopt and implement a policy that addresses sexual abuse, trafficking, and maltreatment of children. This policy must address “methods for increasing staff, student and parent awareness of issues regarding sexual abuse, trafficking and other forms of maltreatment of children; actions a child who is a victim of sexual abuse, trafficking, or other maltreatment should take to obtain assistance; and available counseling options for students affected by sexual abuse, trafficking or other maltreatment.”

Public Education Essential Knowledge and Skills; Curriculum

Public Education Essential Knowledge and Skills; Curriculum

Sec. 28.004 Local School Health Advisory Counsel and Health Education InstructionClick To Read Sec. 28.004 Local School Health Advisory Counsel and Health Education Instruction

This statute outlines the duties of the local school health advisory council. Part of theses duties includes, “recommending appropriate grade levels and curriculum for instruction regarding child abuse, family violence, dating violence, and sex trafficking, including likely warning signs that a child may be at risk for sex trafficking, provided that the local school health advisory council’s recommendations under this subdivision do not conflict with the essential knowledge and skills developed by the Board of Education under this chapter.” The statute also requires school districts to make all curriculum materials used in the district’s human sexuality instruction or instruction relating to the prevention of child abuse, family violence, dating violence and sex trafficking available to parents on certain platforms. The Board of trustees to adopt a policy establishing a process for the adoption of curriculum materials for the school district.

28.017 Instruction on Prevention of Sexual Abuse and Sex Trafficking Click To Read 28.017 Instruction on Prevention of Sexual Abuse and Sex Trafficking

This statute requires the commission to cooperate with the human trafficking prevention task force to develop open or more sexual abuse and sex trafficking instructional modules that a school district may use in their health curriculum. It further provides what the instructional modules may include.

Public Education: Safe Schools; Alternative Settings for Behavior Management

Public Education: Safe Schools; Alternative Settings for Behavior Management

37.086 Required Posting of Warning Signs of Increased Trafficking Penalties
Click To Read 37.086 Required Posting of Warning Signs of Increased Trafficking Penalties

This statute requires each public school to post a warning sign of increased penalties for human trafficking in a place that is reasonably likely to be viewed by all employees and visitors. The sign must be written in both English and Spanish; be at least 8-1.2 by 11 inches in size; and include a description of the provisions of Section 20A.02(b-1) including penalties.

BUSINESSES

Employment of Children

Employment of Children [2 Tx. Labor Code Ch. 51]

51.001 Purpose
Click To Read 51.001 Purpose

This statute provides that the purpose of this chapter is, “to ensure that a child is not employed in an occupation or manner that is detrimental to the child’s safety, health, or well-being.”

51.002. Definitions
Click To Read: 51.002 Definitions

This statute provisions definitions for key terms used throughout Chapter 51.

51.0145 Use of Child for Sales and Solicitation
Click To Read: 51.0145 Use of Child for Sales and Solicitation

This statute prohibits children from being used for sales and or solicitation with certain exceptions. Under this chapter, solicit means “an action of a person to: sell goods or services in a setting other than a retail establishment; request donations; or distribute items, information or advertising.” It further provides that employment of a child to solicit is a hazardous occupation for purposes of this chapter but does carve out certain exceptions for employing children in solicitation.

51.011 Minimum Age
Click To Read: 51.011 Minimum Age

This statute makes it an offense for a person to employ a child under the age of 14.

51.014 Hazardous Occupations
Click To Read: 51.014 Hazardous Occupations

This statute declares that an occupation is hazardous if: 1) a federal agency declares it to be and 2) the commission determines that the occupation is hazardous for the employment of children. It also makes it an offense for a person to employ a child in violation of this section.

51.013 Hours of Employment: Hardship Exemption
Click To Read: 51.013 Hours of Employment: Hardship Exemption

This statute makes it an offense for a person to, ” permit a child who is 14 or 15 years old and who is employed by the person to work more than 8 hours in one day; or 48 hours in one week. It also makes it an offense if a person permits a child who is 14 or 15 years old, is employed the person and is enrolled in a term of a public or private school to work: 1) between the hours of 10 p.m. and 5 a.m. on a day that is followed by a school day; or 2) between the hours of midnight and 5 a.m. on a day that is not followed by a school day. When school is recess for the summer and the child is not enrolled in summer school, a person commits an offense if they permit a child who is 14 or 15 years old and is employed by them to work between the hours of midnight and 5 a.m.”

51.016 Sexually Oriented Businesses
https://statutes.capitol.texas.gov/Docs/LA/htm/LA.51.htm#51.016

This statute states that, “A sexually oriented business may not employ or enter into a contract, other than a contract described by Subsection (g), for the performance of work or the provision of a service with an individual younger than 21 years of age.” This statute further outlines the requirements for identification and employment records for all stalls working at the premises of the business.

Sexually Oriented Businesses and Sex Offender Restrictions

Sexually Oriented Businesses and Sex Offender Restrictions [5 Tx. Business & Commerce Code Ch. 102]

102.001 Definitions
Click To Read: 102.001 Definitions

This statute defines key terms used throughout Subchapter A. of Chapter 102. Sex Offender is defined as, “a person who has been convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under Chapter 62, Code of Criminal Procedure.” Sexually Oriented Business has the meaning assigned by Section 243.002 Local Government code.

102.002 Prohibition on Certain Activities by Sex Offender in Relation to Business.
Click To Read: 102.002 Prohibition on Certain Activities by Sex Offender in Relation to Business.

This statute prohibits a sex offender from wholly or partly owning a sexually oriented business; or serve as a director, officer, operator, manager, or employee of a sexually oriented business.

102.003 Prohibition on Certain Activities by Business in Relation to Sex Offender
Click To Read: 102.003 Prohibition on Certain Activities by Business in Relation to Sex Offender

This statute outlines that “if a sexually oriented business knows that a person is a sex offender, the business may not: contract with that person to operate or manage the business as an independent contractor; or employee that person as an officer, operator, manager or other employee.”

102.004 Injunction or Other Relief
Click To Read: 102.004 Injunction or Other Relief

This statute provides that, “the attorney general or appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a person who violates or threatens to violate section 102.002, 102.003, or 102.0032. The action may be brought in a district court in Travis County; or a county in which any part of the violation or threatened violation occurs. It also provides that the court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.”

102.051 Definitions
Click To Read: 102.051 Definitions

This statute defines key terms used throughout Subchapter B. of Chapter 102 relating to fees. Nude means, “entirely unclothed; or clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female or any portion of the genitals or buttocks.” A sexually oriented business means, “a nightclub, bar, restaurant, or similar commercial enterprise that: a) provides for an audience of two or more individuals live nude entertainment or live nude performances; and authorizes on-premises consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is under a license or permit issued under the Alcoholic beverages is under a license or permit issued under the Alcoholic Beverage Code.”

102.052 Fee Based on Admissions; Records
Click To Read: 102.052 Fee Based on Admissions; Records

This statute requires that sexually oriented businesses impose a $10 fee for all customers who are admitted to the business and requires that the business record the number of customers who are admitted into the business in the manner outlined by the Comptroller.

102.053 Remission of Fee: Submission Reports.
Click To Read: 102.053 Remission of Fee: Submission Reports.

This statute requires sexually oriented businesses to “remit the fee imposed by Section 102.052 to the comptroller in the manner prescribed by the comptroller; and file a report with the comptroller in the manner and containing the information required by the comptroller.”

102.054 Allocation of Certain Revenue for Sexual Assault Programs
Click To Read: 102.054 Allocation of Certain Revenue for Sexual Assault Programs

This statute requires that, “the comptroller to deposit the amounts received from the fee imposed under this chapter to the credit of the sexual assault program fund.”

102.056 Administration, Collection, and Enforcement
Click To Read: 102.056 Administration, Collection, and Enforcement

This statute states that “the provisions of Subtitle B, Title 2, Tax Code, apply to the administration, payment, collection, and enforcement of the fee imposed by this chapter.”

102.101 Posting of Certain Sign Required
Click To Read: 102.101 Posting of Certain Sign Required

This statute requires sexually oriented businesses to post by the sink area in each restroom on the premises a sign that directs a victim of human trafficking to contact the National Human Trafficking Resource Center. Unless the attorney general rules otherwise, the sign must be 11 inches by 17 inches in size. The sign must be in both English and Spanish; include the telephone number and Internet website of the National Human Trafficking Resource Center; and include the contact information for reporting suspicious activity to the Department of Public Safety.

Reporting Duties of a Computer Technician

Reporting Duties of a Computer Technician [5 Tx. Code of Business & Commerce Ch. 110]

Computer Technicians Required to Report Child Pornography
110.001 Definitions
Click To Read: 110.001 Definitions

This statute defines key terms that are used throughout chapter 110.

110.002 Reporting of Images of Child Pornography
Click To Read: 110.002 Reporting of Images of Child Pornography

This statute outlines the duty to report images of child pornography.

International Matchmaking Organizations

International Matchmaking Organizations [5 Tx. Business & Commerce Code Ch. 101]

101.001 Definitions
Click To Read: 101.001 Definitions

This statute defines key terms that are used throughout Chapter 101.

101.002 Providing Criminal History, Marital History, and Basic Rights Information
Click To Read: 101.002 Providing Criminal History, Marital History, and Basic Rights Information

This statute requires that, “an international matchmaking organization must provide each recruit with the criminal history record information and marital history information of the organization’s clients and with basic rights information. This information must be in the recruit’s native language and be displayed in a manner that separates the criminal history record information, marital history information, and the basic rights information from any other information; and is highly noticeable.”

101.003 Providing Additional Criminal History, Marital History and Basic Rights Information
Click To Read: 101.003 Providing Additional Criminal History, Marital History and Basic Rights Information

This statute requires that “an international matchmaking organization shall disseminate to a recruit the criminal history record information and marital history information of a client and the basic rights information not later than the 30th day after the date the organization receives the criminal history record information and the marital history information from the client. It also requires the international matchmaking organization to provide the information to the recruit in the recruit’s native language. The organization shall pay the costs incurred to translate the information.”

101.004 Obtaining Criminal History Record Information and Marital History Information
Click To Read: 101.004 Obtaining Criminal History Record Information and Marital History Information

This statute outlines how the criminal history record information and marital history information is obtained from clients to the international matchmaking organization.

Internet Dating Safety Act

Internet Dating Safety Act [5 Tx. Business and Commerce Code Ch. 106]

106.001 Definitions
Click To Read: 106.001 Definitions

This chapter defines several key terms used throughout Chapter 106.

106.002 Applicability of Chapter
Click To Read: 106.002 Applicability of Chapter

This statute provides that, “Chapter 106 does not apply to an Internet service provider serving as an intermediary for the transmission of electronic messages between members of an online dating service provider.”

106.003 Conduct of Criminal Background Check
Click To Read: 106.003 Conduct of Criminal Background Check

This statute requires an online dating service provider to “conduct a criminal background check on a person if the provider initiates a name search for the person’s convictions for any: felony offense: offense the conviction or adjudication of which requires registration as a sex offender under Chapter 62, Code of Criminal Procedure; and offense for which an affirmative finding of family violence was made under Article 42.014, Code of Criminal Procedure. The name search must be conducted by searching available and regularly updated government public record databases for criminal conviction records described by Subsections (a)(1)-(3) that in the aggregate provide substantially national coverage of those records; or regularly updated databases that contain at least the same or substantially similar coverage as would be accessible through searching databases described by Subdivision (1).”

106.004 Disclosure by Provider That Does Not Conduct Criminal Background Check
Click To Read: 106.004 Disclosure by Provider That Does Not Conduct Criminal Background Check

This statute provides that “an online dating service provider that offers services to residents of this state and does not conduct a criminal background check on each member before permitting a Texas member to communicate through the provider with another member shall clearly and conspicuously disclose to all Texas members that the provider does not conduct criminal background checks, as described by section 106.003. The disclosure required by this section must be stated in bold, capital letters, in at least 12-point type on the online dating service provider’s internet website.”

106.005 Disclosures by Provider that Conducts Criminal Background Check
Click To Read: 106.005 Disclosures by Provider that Conducts Criminal Background Check

This statute requires that “an online dating service provider that offers services to residents of this state and conducts a criminal background check on each member before permitting a Texas member to communicate through the provider with another member shall clearly and conspicuously disclose to all Texas members that the provider conducts a criminal background check, as described by Section 106.003, on each member before permitting a Texas member to communicate through the provider with another member. It also requires that providers who offer services to residents of Texas and conduct criminal background checks on each member to include a statement of whether the provider excludes all persons who have been convicted of certain crimes outlined in the statute.” Certain disclosures must also be made in bold, capital letters in at least 12-point type on the website.

106.006 Safety Awareness Disclosures by All Providers
Click To Read: 106.006 Safety Awareness Disclosures by All Providers

This statute requires “an online dating service provider that offers services to residents of this state to clearly and conspicuously provide a safety awareness notification on the provider’s internet website that includes a list and description of safety measure reasonably designed to increase awareness of safer online dating practices.” The statute provides several examples.

Human Trafficking Awareness and Prevention in Commercial Lodging Establishments

Human Trafficking Awareness and Prevention in Commercial Lodging Establishments [5 Tx. Business & Commerce Code Ch. 114]

114.0052 Training Compliance; Record Retention
Click To Read: 114.0052 Training Compliance; Record Retention

This statute outlines the training compliance and record retention outlined in statute 114.0051 for commercial lodging establishments.

114. 0053 Sign Required
Click To Read: 114. 0053 Sign Required

This statute requires commercial lodging establishments to display a sign that outlines how to recognize and report human trafficking; includes a statement noting that employees of the commercial lodging establishment are required to receive annual human trafficking training; includes a phone number designated by the attorney general for reporting suspected human trafficking and other information. The statute further outlines the requirements for the sign.

114.0101 Entry by Peace Officer
Click To Read: 114.0101 Entry by Peace Officer

This statute establishes that a peace officer may enter the premises of a commercial lodging establishment between 9am and 5pm on Monday through Friday.

114.002 Rules for Operating a Commercial Lodging Establishment
Click To Read: 114.002 Rules

This statute requires that the “attorney general establish the requirements for operators of commercial lodging establishments to comply with the required training outlined in Section 114.0051; create and make available for commercial lodging establishments a template for the sign required under Section 114.0053; and designate a telephone number for reporting a suspected act of human trafficking or a violation of this chapter. “

Mandatory Trafficking Education and Training for Covered Entities, Occupations, and Certain Professional Licenses

Abortion Facilities & Ambulatory Surgical Centers (ASC) [2 Tx. Health & Safety Code Ch. 171]Click To Read 171.081- 171.082 Mandatory Education and Training Programs – Abortion Facilities and ASCs

This statute provides that employees, volunteers, and Independent Contractors working in certain covered abortion facilities shall be subject to mandatory training about human trafficking. The statute states, “the executive commissioner of the Health and Human Services Commission by rule to require a person to complete within a reasonable time after beginning work at the facility training program to identify and assist victims of human trafficking. A training program used under this section must use the standardized curriculum creation by the human trafficking prevention task for.”

Career Schools and Colleges
132.006 Commercial Driver’s License Training Program; Certain Curriculum Requirements
Click To Read 132.006 Commercial Driver’s License Training Program: Certain Curriculum Requirements

This statute requires career schools and colleges offering a commercial driver’s license training program to include human trafficking prevention training as part of the program education.

Driver Education and Driving Safety Curriculum
1001.1021 Human Trafficking Prevention Information
Click To Read 1001.1021 Human Trafficking Prevention Information

This statute requires that human trafficking prevention training be included in the curriculum of driver education courses or driving safety courses. It further requires the commission to consult with the human trafficking prevention coordinating council establishes under Section 402.034 of the government code.

Health Care Professionals – Human Trafficking Prevention Training Required to be License and for License Renewals
116.002 Required Training for Certain Health Care Professionals
Click To Read Sec. 116.002 Required Training Course on Human Trafficking Prevention For Certain Health Care Providers.

This statute provides for mandatory training before licensing, stating, “a health care practitioner, other than a physical or nurse, within the time prescribed by commission rule shall successfully complete a training course approved by the executive commissioner on identifying and assisting victims of human trafficking,” Further, it provides additional mandatory by covered health care professionals before license renewal, stating, “a health care practitioner, other than a physical or nurse, shall successfully complete a training course described by Section 116.002 as a condition for renewal of a license issued to the health care practitioner under this title.”

Transportation Network Companies
2402.1075 Human Trafficking Awareness and Prevention Training Materials Required
Click To Read 2402.1075 Human Trafficking Awareness and Prevention Training Materials Required

This statute requires that a transportation network company t annually provide human trafficking awareness and prevention training materials to each driver who is authorized to log in to the company’s digital network. The statute further provides what the training materials must include.

Nurses
301.308 Continuing Education in Human Trafficking
Click To Read 301.308 Continuing Education in Human Trafficking

This statute requires a license holder who provides direct patient care to complete a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission under.

Sex Trafficking Prevention and Victim Treatment State Programs

Sex Trafficking Prevention and Victim Treatment State Programs [2 Tx. Health & Safety Code Ch. 50]

50.002 Treatment Program for Victims of Child Sex Trafficking: Purpose
Click To Read 50.002 Establishment: Purpose

This statute provides that the commission, in collaboration with the institution designated under 50.003, is required to establish a program to improve the quality and accessibility of care for victims of child sex trafficking in the state of Texas.

50.003 Treatment Program for Victims of Child Sex Trafficking: Operation
Click To Read 50.003 Designation of Institution: Operation of Program

This statute requires the commission to establish a health-related institution of higher education to operate the program. This designated institution is required to improve the quality and accessibility of care for victims of child sex trafficking.

50.0152 Sex Trafficking Prevention Grant Program for Local Law Enforcement: Purpose
Click To Read 50.0152 Purpose

This statute provides that the purpose of the trafficked persons program is to provide money for: “(1) to substantiate this state’s interest in publicly operated and funded shelter and treatment for victims of an offense of trafficking of persons as defined by Article 56B.003, Code of Criminal Procedure;(2) to prevent the recruitment of human trafficking victims within mixed-status child, youth, and young adult shelters; (3) for consistent and recurring funding of long-term solutions for providing research-based treatment and safe and secure shelter to child, youth, and young adult victims of human trafficking; (4) for financial stability of local governments, private partners, and medical facilities in planning, building, and maintaining dedicated housing and recovery programs for victims of human trafficking; and (5) to raise awareness of the account among businesses and philanthropists in this state and to strengthen public and private partnerships established to end the practice of human trafficking.”

50.0155 Trafficked Person Grant Program
Click To Read 50.0155 Trafficked Person Grant Program

This statute requires the commission to establish the trafficked persons grant program to provide grants to applicants for dedicated housing and treatment facilities provided to human trafficking victims.

Sexual Assault Prevention and Crisis Services
Ch. 420 Photo Documentation Required for Child Victims in Certain Counties

Click To Read 4 Gov. Code Ch. 420: Photo Documentation Required for Child Victims in Certain Counties

This statute provides that, “in a county with a population of three million or more, the forensic portion of a medical examination of a child alleged to be a victim of sexual assault must inclusion production oof photo documentation unless the medical professional examining the child determines that good cause for refraining from producing the photo exists. “

Ch. 420.051 Advocates for Survivors of Sexual Assault
Click To Read Ch. 420.051 Advocates for Survivors of Sexual Assault

This statute provides that, “an individual may act as an advocate for survivors of sexual assault if they complete a sexual assault training program that is certified by the attorney general and is an employee or volunteer of a sexual assault program.”

Ch. 420.071 Confidential Communications and Records: Privilege
Click To Read Ch. 420.071 Confidential Communications and Records: Privilege

This statute provides that any communication between an advocate and a survivor that Is made in the course of advising, counseling, or assisting the survivor is confidential.

NEW TEXAS STATE CRIMINAL PROCEDURE LAW, EFFECTIVE JANUARY 1, 2025

New reporting requirements for covered law enforcement agencies investigating human trafficking cases

1 Tx. RCRP Ch. 2A.205 Certain Law Enforcement Agencies: Report Concerning Human Trafficking Cases (Effective Date: January 01, 2025)
Click here to read newly enacted Texas criminal procedure laws, effective January 1, 2025

This statute requires certain law enforcement who investigate specific offenses that may involve human trafficking to submit a report to the attorney general noting the following information: “(1) the offense being investigated, including a brief description of the alleged prohibited conduct; (2) regarding each person suspected of committing the offense and each victim of the offense, as applicable:(A) the person’s:(i) age; (ii) gender; and(iii) race or ethnicity, as defined by Article 2B.0051; and (B) the case number associated with the offense and with the person suspected of committing the offense; (3) the date, time, and location of the alleged offense;(4) the type of human trafficking involved, including: (A) forced labor or services, as defined by Section 20A.01, Penal Code; (B) causing the victim by force, fraud, or coercion to engage in prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(3), Penal Code; or (C) causing a child victim by any means to engage in, or become the victim of, prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(7), Penal Code;(5) if available, information regarding any victims’ service organization or program to which the victim was referred as part of the investigation; and (6) the disposition of the investigation, if any, regardless of the manner of disposition.” It further requires any attorney representing the state who prosecutes offenses under Chapter 20A, Penal Code or Chapter 43, Penal Code that may involve human trafficking must submit a report to the attorney general with the information provided in the statute. This new law, upon the effective date thereof and by operation of law shall supersede, repeal, and invalidate 1 Tx. RCRP Ch. 2.305 which is currently in effect and concerns law enforcement reports in cases of Human Trafficking [to be REPEALED and REPLACED by new law, Effective January 01, 2025]

Section II: Texas County-Local Laws

The following is a list of the state’s largest cities and/or counties and their local laws related to human and child trafficking with links and short summaries.

City of Houston Local Ordinances

Adult Arcades and Mini Theaters

Sec. 28-91 Adult Theaters – Mandatory Permit Displayed Click To Read: Sec. 28-91 Required; Posting

This ordinance provides that it is unlawful for any person to own, operate, manage or conduct any business in an adult arcade or adult mini theater without a permit. It also provides that it is unlawful for any person to own, operate, manage or conduct any business in an adult arcade or mini theater without a permit for the sexually oriented business. It further makes it unlawful for the establishment without their permit being posted in accordance with the ordinance.

Sec. 28-98 Conduct in Adult Arcades or Adult Mini Theaters Click To Read: Sec. 28-98 Conduct in Adult Arcades or Adult Mini Theaters

This ordinance provides what certain sexual conduct is prohibited at adult arcades and/or adult mini theaters.

Sec. 28-111 Grounds for Revocation of Permit Click To Read: Sec. 28-111 Grounds

This ordinance provides the grounds for revoking a permit for an adult arcade or adult mini theater.

Adult Arcades and Mini Theaters - Design Regulations

Sec. 28-101 View From Manager’s Station
Click To Read: Sec. 28-101 View From Manager’s Station

This ordinance provides the design regulations for the manager’s station within the establishment.

Sec. 28-102 Wall Penetrations
Click To Read: Sec. 28-102 Wall Penetrations

This ordinance provides the requirements for wall penetrations within an adult arcade or mini theater.

Sec. 28-103 Lighting
Click To Read: Sec. 28-103 Lighting

Hotels

Sec. 28-211 Definitions
Click To Read: Sec. 28-211 Definitions

This ordinance provides definitions for key terms used throughout this article.

Sec. 28-212. – Hotels must provide human trafficking training; certification of training required.
Click To Read: Sec. 28-212. – Hotels must provide human trafficking training; certification of training required.

This ordinance requires hotel operators to provide at least 20 minutes of annual training to each employee on how to identify human trafficking victims and how to report it. It further provides what should be included in the training and recording requirements for those who complete the training.

Sec. 28-213 Display of Hotline Information
Click To Read: Sec. 28-213 Display of Hotline Information

This ordinance requires hotel operators to display a sign in accordance with these ordinances in clear view of all employees that includes a statement that employees of the hotel must receive annual human trafficking training. This ordinance provides further that the sign must be posted in English, Spanish and any other language that is spoken by at least 10% of the hotel’s employees.

Sec. 28-214. – Retaliation or discrimination prohibited.
Click To Read: Sec. 28-214. – Retaliation or discrimination prohibited.

This ordinance prohibits any operator, agent or representative as well any employee may discharge, discipline, retaliate against any person who makes a good faith report of suspected human trafficking.

Massage Establishments

Sec. 28-364 Operation in Connection with Living or Sleeping Quarters Prohibited
Click To Read: Sec. 28-364 Operation in Connection with Living or Sleeping Quarters Prohibited

This ordinance requires that message establishments maintain separation from rooms used wholly or partially for sleeping/residential purposes either by a solid wall or by a wall with a solid door. It further provides that the door is required to remain locked during business hours.

Sec. 28-365 Hours of Operation
Click To Read: Sec. 28-365 Hours of Operation

This ordinance prohibits any message establishment from being open on any day between the hours of 10:00 p.m. and 8:00 a.m.

Sexually Oriented Businesses

Sec. 28-121 Definitions
Click To Read: Sec. 28-121 Definitions

This ordinance provides definitions for key terms used throughout the chapter. It defines Enterprise as, “An adult bookstore, adult cabaret, adult encounter parlor, adult lounge, adult modeling studio, adult movie theater or any establishment whose primary business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term “enterprise” shall not be construed to include:

(1) Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held;

(2) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; or

(3) Any retail establishment whose major business is the offering of wearing apparel for sale to customers.”

Sec. 28-122 Required Permit
Click To Read: Sec. 28-122 Permit Required

This ordinance mandates a permit to operate a covered business.

Sec. 28-131 Persons Younger Than Eighteen Prohibited from Entry; Attendant Required
Click To Read: Sec. 28-131 Persons Younger Than Eighteen Prohibited From Entry; Attendant Required

This ordinance provides that it is unlawful for any minor under the age of 18 to enter or be on the premises of an enterprise at any time that it is open for business. It further places a duty on the operators of each enterprise to station an attendant at each public entrance at all times during business hours. The attendant has a duty to prohibit any minor from entering the premises. It further establishes that it will be presumed that the attendant knew the minor was underage unless the attendant asked for and received a valid license or personal identification verifying the age of the person.

Sec. 28-136 Access, Visibility, Lighting, Supervision
Click To Read: Sec. 28-136 Access, Visibility, Lighting, Supervision

This ordinance provides the standards for lighting, visibility and supervision that the enterprises governed by this article are required to adhere to.

Sec. 28-127 Revocation or Suspension of License
Click To Read: Sec. 28-127 Same- Revocation or Suspension

This ordinance provides when the city attorney can request a revocation or suspension of a license granted under this article.

Sec. 28-128 Other Permit Provisions
Click To Read: Sec. 280128 Other Permit Provisions

This ordinance states that a permit is only valid for the location that it is issued. It also makes it unlawful for any person to counterfeit a permit issued under this article and distinguishes between which adult establishments require additional permits.

Sec. 28-129 Exterior Portions of Enterprises
Click To Read: Sec. 28-129 Exterior Portions of Enterprises

This ordinance provides regulations for the exterior portions of establishments regulated under this article including prohibiting operators of these establishments from having flashing lights, words, lettering, photographs, silhouette, and other advertising restrictions.

Sec. 28-130 Signage
Click To Read: Sec. 28-130 Signage

This ordinance provides restrictions for signage for establishments regulated in this article.

Sexually Oriented Business Employee Conduct and Operations

Sec. 28-251 Definitions
Click To Read: Sec. 28-251 Definitions

This ordinance provides definitions for key terms used throughout this article.

Sec. 28-253 Permit Required
Click To Read: Sec. 28-253 Permit Required

This ordinance prohibits any person from operating as a manager or entertainer of an enterprise without a permit. It also provides that it shall be the duty of the operator and owners of each establishment to make sure that no one acts as an entertainer or manager unless that person holds a permit.

Sec. 28-257 Revocation of Permit
Click To Read: Sec. 28-257 Revocation

This ordinance provides when and how the director may revoke a permit that was granted under this article.

Sec. 28-258 Conduct of Employees
Click To Read: Sec. 28-258 Conduct of Employees

This ordinance provides what activities entertainers and employees of sexually oriented businesses are prohibited from engaging in.

City of San Antonio Local Ordinances

Hotels

Sec. 15-81 Definitions
Click To Read: Sec. 15-81 Definitions

This ordinance defines a hotel as, “is any hotel, lodging house or inn in the city having three (3) or more rooms where transient guests are fed or lodged for pay”.

Sec. 15-184- Rental of Hotel Rooms for Periods Less than 12 Hours Prohibited
Click To Read: Sec. 15-184- Rental of Hotel Rooms for Periods Less than 12 Hours Prohibited

This ordinance prohibits any hotel from offering to rent, advertising to rent, or renting a room for a period of 12 hours or less.

Sec. 15-83 Guest Registration
Click To Read: Sec. 15-83 Guest Registration

This ordinance provides regulations regarding guest registration for hotels.

Massage Businesses

Sec. 17-1 Definitions
Click To Read: Sec. 17-1 Definitions

This ordinance provides definitions for key terms used throughout this section.

Operation Regulations
Click To Read: Operation Regulations

The following regulations apply to all massage establishments regardless if they are required to maintain a city permit.

Sec. 17-3 State License Required
Click To Read: Sec. 17-3 State License Required

This ordinance requires, “all persons engaging in the business of massage therapy to have an establishment or individual license as a masseur from the Texas Department of Licensing and Regulation, regardless as to whether the establishment itself is required to have a city permit.”

Sec. 17-5 Hours of operation
Click To Read: Sec. 17-5 Hours

This ordinance prohibits any massage business from being open between the hours of 10:00 p.m. and 8:00 a.m.

Sec. 17-7 Residential use Prohibited
Click To Read: Sec. 17-7 Residential use Prohibited

This ordinance prohibits any massage establishment from being located in any zone other than commercial including residential purposes. It further provides for the zoning unit of the development services department to regularly inspect for compliance.

Sec. 17-8 Health and Safety
click To Read: Sec. 17-8 Health and Safety

This ordinance provides that all massage establishments are public places and prohibits them from having doors to entrances or exits from being locked or obstructed.

Adult Arcades

Sec. 21-236 Definitions
Click To Read: Sec. 21-236 Definitions

This ordinance provides definitions for key terms used throughout the section.

Sec. 21-237 Permits Required
Click To Read: Sec. 21-237 Permits Required

This ordinance provides that it is unlawful for any person, corporation, operator, owner or association to operate an adult arcade unless they have an adult arcade permit issued by the chief of police. It further makes it unlawful for any individual to act as a manager of an adult arcade unless they have a manager’s permit.

Sec. 21-247 Violations; Other Prohibited Conduct: Enforcement
Click To Read: Sec. 21-247 Violations; Other Prohibited Conduct: Enforcement

This ordinance provides what conduct is prohibited in the establishments governed by this section.

Sexually Oriented Businesses

Sec. 21-200 Definitions
Click To Read: Sec. 21-200 Definitions

This ordinance provides definitions for key terms used throughout this article.

Sec. 21-202 Supplemental Effect
Click To Read: Sec. 21-202 Supplemental Effect

This ordinance provides that this article is supplemental and shall be cumulative with all other laws and ordinances applicable to sexually oriented businesses as well as associations, corporations, individuals, operators, owners, owner operators, or personals.

Sec. 21-205 Sexually Oriented Business Establishment Permit Required
Click To Read: Sec. 21-205 Sexually Oriented Business Establishment Permit Required

This ordinance makes it unlawful for any person to own, operate or conduct any sexually oriented business without a permit and without posting the permit at or near the principal entrance.

Sec. 21-216 Persons Younger Than Eighteen (18) Prohibited From Entry: Attendant Required
Click To Read: Sec. 21-216 Persons Younger Than Eighteen (18) Prohibited From Entry: Attendant Required

This ordinance prohibits any sexually oriented business from allowing any person younger than 18 years old to enter or be on the premises. It further places a duty on the operator of each sexually oriented business to place an attendant at each public entrance at all times during business hours. It also places a duty on the attendant not to allow any person under the age of 18 to enter the establishment unless the attendant asks for and was furnished a valid license or valid identification certificate.

Sec. 21-220 Hours of Operation
Click To Read: Sec. 21-220 Hours of Operation

This ordinance prohibits any sexually oriented business establishment from allowing customers or patrons onto the premises between the hours of 2:15 a.m. through 7:00 a.m. on any day of the week.

Sec. 21-221 Posting of Permit
Click To Read: Sec. 21-221 Posting of Permit

This ordinance requires a sexually oriented business to frame and post their sexually oriented business permit in the manner prescribed in the ordinance.

Sec. 21-222 Record Retention Requirements
Click To Read: Sec. 21-222 Same- Records

This ordinance requires the owner, operator, manager or floor manager of any sexually oriented business to keep a register of all employees of the establishments and includes what specific information is to be included in the records. The ordinance further requires that the register be maintained for all current and ex employees during the preceding 36 month period.

Sexually Oriented Business Employee Permits, Operations, and Conduct

Sec. 21-223 Definitions
Click To Read: Sec. 21-223 Definitions

This ordinance provides definitions for key terms used throughout this section.

Sec. 21-224 Entertainer, Manager, and Floor Manager Permit Required
Click To Read: Sec. 21-224 Entertainer, Manager, and Floor Manager Permit Required

This ordinance makes it unlawful for any person to act as an entertainer, floor manager, or manager of a sexually oriented business without a permit; and places a duty on operators and owners of sexually oriented businesses to ensure that no person acts in those positions unless they hold a permit.

Sec. 21-230 Denial, Revocation or Refusal to Renew Permits
Click To Read: Sec. 21-230 Denial, Revocation or Refusal to Renew Permits

This ordinance provides the grounds for when a permit can be revoked or denied a renewal.

Sec. 21-234- Display
Click To Read: Sec. 21-234- Display

This ordinance requires each manager, floor-manager and/or entertainer to display their personal card at all times while acting in their employment in the sexually oriented business. It further requires each floor manager or entertainer to provide their on-site-card to the manager of the establishment while they are on the premises.

Sec. 21-235 Duties of Owners, Employees and Customers
Click To Read: Sec. 21-235 Duties of Owners, Employees and Customers

This ordinance provides the duties that are placed on owners, employees and customers of sexually oriented businesses.

Youth Curfew

Sec. 21-121 Definitions
Click To Read: Sec. 21-121 Definitions

This ordinance provides definitions for key terms that are used throughout the article.

Sec. 21-122 Violations and Offenses
Click To Read: Sec. 21-122 Violations and Offenses

This ordinance provides for curfews for minors within the city of San Antonio and prohibits parents from knowingly allowing a child to be in violation of this article.

Sec. 21-123 Curfew Rule: Exceptions
Click To Read: Sec. 21-123 Exceptions

This ordinance provides exceptions to the curfew rules.

City of Dallas Local Ordinances

Youth Curfew

Youth Curfew

Sec. 31-33 Curfew hours For Minors
Click To Read: Sec. 31-33 Curfew hours For Minors

This ordinance establishes and provides for the curfew for minors under the age of 17 and makes it an offense for a minor to violate the curfew as well as for a parent or legal guardian to knowingly permit the minor to violate the curfew.

Prostitution

Sec. 31-19 Solicitation for Sodomy- Not For Hire
Click To Read: Sec. 31-19 Solicitation For Sodomy- Not For Hire

This ordinance establishes that it is an offense for a person to solicit another to engage in sodomy not for hire. Any person who violates this ordinance is guilty of an offense and subject to a fine between $100-$500.

Sec. 31-20 Solicitation for Obscene Conduct- Not For Hire
Click To Read: Sec. 31-20 Solicitation for Obscene Conduct- Not For Hire

This ordinance establishes that it is an offense for a person to solicit another to engage in obscene conduct not for hire. Any person who violates this ordnance is guilty of an offense and subject to a fine between $100-$500.

Sec. 31-27 Manifesting the Purpose of Engaging in Prostitution
Click To Read: Sec. 31-27 Manifesting the Purpose of Engaging in Prostitution

This ordinance provides that a person commits an offense by loitering in a public place in a manner and circumstances that manifest the purpose of soliciting/procuring/enticing/inducting another to commit prostitution. It further provides the circumstances that may be considered in determining whether the purpose is manifested.

Sex Offender Restrictions

Sec. 31-17.1 Restrictions on Sex Offenders Residing in the Same Dwelling Unit
Click To Read: Sec. 31-17.1 Restrictions on Sex Offenders Residing in the Same Dwelling Unit

This ordinance prohibits a registered sex offender from dwelling in the same unit with another registered sex offender. It further makes it an offense for an owner, operator or person in control of a dwelling unit to allow a registered sex offender to reside with another in the same unit. It provides definitions for key terms used in this ordinance as well as defenses.

Sec. 31-17 Specified Sex Offenders Near Schools and Childcare Facilities
Click To Read: Sec. 31-17 Specified Sex Offenders Near Schools and Child Care Facilities

This ordinance prohibits sex offenders from remaining in any part of a school or child care facilities as well as other places. The ordinance also provides definitions for key terms and defenses.

Sexually Oriented Businesses

Sec. 41A-2 Definitions Click To Read: Sec. 41A-2 Definitions

This ordinance provides definitions for key terms used throughout the chapter.

Sec. 41A-3 Classification Click To Read: Sec. 41A-3 Classification

This ordinance classifies sexually oriented businesses into more specific establishments.

Sec. 41A-4 License and Designated Operator Required Click To Read: Sec. 41A-4 License and Designated Operator Required

This ordinance establishes that it is an offense for an individual to operate a sexually oriented business without valid license. It further provides information for obtaining a license.

Sec. 41A-5 Issuance of License Click To Read: Sec. 41A-5 Issuance of License

This ordinance provides the circumstances for when an application for a license to operate a sexually oriented business may be denied.

Sec. 41A-7.1 Identification Records Click To Read: Sec. 41A-7.1 Identification Records

This ordinance provides that it is an offense if a person operates a sexually oriented business without maintaining current registration that identifies all employees of the establishment. It further outlines what information is required to be kept on file.

Sec. 41A-10 Revocation Click To Read: Sec. 41A-10 Revocation

This ordinance provides the situations where a license may be revoked.

Sec. 41A-14.3 Hours of Operation Click To Read: Sec. 41A-14.3 Hours Of Operation

This ordinance requires a sexually oriented business to be closed between 2:00 a.m. and 6:00 a.m. each day.

Sec. 41A-20.1 Prohibitions Against Minors in Sexually Oriented Businesses. Click To Read: Sec. 41A-20.1 Prohibitions Against Minors in Sexually Oriented Businesses.

This ordinance establishes that it is an offense for a licensee/operator or employee of a sexually oriented business to knowingly allow a minor to enter a sexually oriented business or employees/ engages/ allows a person under 21 to perform adult cabaret entertainment. It further makes it an offense for a licensee/ operator or employee of a sexually oriented business to knowingly employ a person under the age of 21. The ordinance also makes it an offense for a minor to knowingly enter a sexually oriented business.

Sec. 41A-20 Display of Sexually Explicit Material to Minors Click To Read: Sec. 41A-20 Display of Sexually Explicit Material to Minors

This ordinance prohibits a business establishment that is open to minors from displaying certain media that depicts certain sexual content.

Sec 41A-17. Additional Regulations for Adult Motion Picture Theaters. Click To Read: Sec 41A-17. Additional Regulations for Adult Motion Picture Theaters.

This ordinance establishes that it is an offense for a person to knowingly allow a person under the age of 21 to appear in a state of nudity in or on the premises of an adult motion picture. It further provides that a minor commits an offense if they appear nude in or on the premises of an adult motion picture.

Sec. 41A-18 Additional Regulations for Adult Motels Click To Read: Sec. 41A-18 Additional Regulations for Adult Motels

This ordinance establishes when a hotel is presumed to be an adult motel. It further establishes that it is an offense for the person in control of a sleeping room of a hotel/motel/similar establishment to rent a room more than once within a 10 hour period.

Sec. 41A-18.1 Additional Regulations for Adult Cabarets Click To Read: Sec. 41A-18.1 Additional Regulations for Adult Cabarets

This ordinance provides the additional regulations that adult cabarets are subject to.

Sec. 41A-15 Additional Regulations for Escort Agencies Click To Read: Sec. 41A-15 Additional Regulations for Escort Agencies

This ordinance provides that it is an offense for an escort to act as an escort for a minor.

Sec. 41A-16 Additional Regulations For Nude Model Studios Click To Read: Sec. 41A-16 Additional Regulations For Nude Model Studios

This ordinance provides additional regulations that nude model studios are required to adhere to.

Sec. 41A-19 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos Click To Read: Sec. 41A-19 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos

This ordinance provides the regulations that pertain to showing sexually explicit films or videos.

City of El Paso Local Ordinances

Minors

10.20.0120 Curfew Definitions
Click To Read: 10.20.0120 Curfew Definitions

This ordinance provides definitions for key terms used throughout the chapter.

10.20.020 Curfew- Offenses
Click To Read: 10.20.020 Curfew- Offenses

This ordinance provides that a minor commits an offense when they violate curfew by being in public places during curfew hours. It further provides that a parent commits an offense if he knowingly allows a minor to remain in public during curfew hours.

10.20.050 Curfew- Violation- Penalty
Click To Read: 10.20.050 Curfew- Violation- Penalty

This ordinance provides the penalty for violating curfew and for a parent who allows their minor child to violate curfew.

Sex Offender Registry

10.24.040 Sex Offender Registry
Click To Read: 10.24.040 Sex Offender Registry

This ordinance provides regulations for the sex offender registry and definitions for key terms used in the ordinance.

Other Ordinances: Offenses

10.16.090 Public Indecency- Accosting Females- Appearing in Disguise.
Click To Read: 10.16.090 Public Indecency- Accosting Females- Appearing in Disguise.

This ordinance prohibits any person from exhibit or exposing himself, naked, in disguise or in any indecent or offensive manner in public. It also prohibits anyone from appearing in public in lewd dress.

10.16.100 Lewd Plays
Click To Read: 10.16.100 Lewd Plays

This ordinance prohibits any person from performing any immoral or lewd plays.

Section III: Texas Hotlines & Other Helpful Resources

Texas State Reporting Hotlines

Texas Child Abuse Hotline: 1-800-252-5400
To report known or suspected child abuse, neglect, or abandonment; and known or suspected abuse, neglect, or exploitation of a vulnerable adult.

Texas Human Trafficking Hotline: 1-844-643-2251
Texas Online Reporting: www.iWatchTx.org
To report known or suspected Human Trafficking, submit the information online or call the Texas Human Trafficking Hotline. In an emergency, call 9-1-1

National Reporting Hot Line Recommendations:
Homeland Security Human Trafficking Hotline: 1-866-347-2423
Immigration and Customs Enforcement Hotline: 1-866-DHS-2-ICE

Texas Attorney General: Ken Paxton

Phone
512-463-2100
512-463-2191

Email
[email protected]

Website
https://www.texasattorneygeneral.gov/contact-us

Overnight or Certified Mailing
Office of the Attorney General
300 W. 15^th St.
Austin, TX 78701

Regular Mail

PO Box 12548
Austin, TX 78711-2548

Texas Registry of Sex Offenders

Texas Registry of Sex Offenders – Know Your Neighborhood
LINK: Texas Department of Public Safety (DPS) Sex Offender Registry

Click here or on the link above to run a search using the Texas DPS Sex Offender Registry.

Texas Reports and other Resources – Data & Statistics

Texas Human Trafficking Prevention 2022 Strategic Plan Report

This 2022 Strategic Plan Report provides an in-depth review of Texas’ strategies to combat human trafficking. It includes a list of the Texas agencies that work together to prevent and end trafficking. This report also offers a detailed look at state appropriations and expenditures related to human trafficking.

2020 Texas DPS Crime and Arrest Statistics

Human Trafficking data is located on pages 81-83.

Texas Department of Health and Human Services (HHS) – Human Trafficking Resource Center Webpage

This webpage was created by Tx HHS to provide up-to-date reports and information concerning child abuse, trafficking, and exploitation. It also includes helpful links to training materials, networks of survivors, speaker opportunities, laws, policies, and data.

Texas Department of Family and Protective Services (DFPS) Abuse Hotline Website

This website provides resources for reporting abuse. The Hotline for reporting urgent abuse or neglect situations is 1-800-252-5400. Urgent means a situation where someone faces an immediate risk of abuse or neglect that could result in death or serious harm. These situations include but are not limited to: Serious injuries; Any injury to a child 5 years or younger; Immediate need for medical treatment (including suicidal thoughts); Sexual abuse where the abuser has or will have access to the victim within the next 24 hours; Children age five and under are alone or are likely to be left alone within the next 24 hours; Anytime you believe your situation requires action in less than 24 hours.

Texas Human Trafficking Prevention Task Force Webpage

This webpage was created by the Attorney General of Texas and provides resources and information about the Texas Human Trafficking Prevention Task Force.

2022 Texas Human Trafficking Prevention Task Force Report of Annual Activities

House Bill 1121 requires the Attorney General of Texas to issue a report regarding the laws on human trafficking and how the laws impact trafficking prosecutions, investigations, and service provisions for victims. Texas Government Code 402.035 requires the Task Force to collect data, provide training, report to the legislature, and develop legislative recommendations that will assist the state’s effort to address this issue.

Texas Freedom Of Information Act

Sec. 552.001 Policy: Construction
Click To Read: Sec. 552.001 Policy: Construction

This statute provides that, “under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees.” It further provides that this chapter is to be construed in favor of granting a request.

552. 021 Availability of Public Information
Click To Read: 552. 021 Availability of Public Information

This statute provides that, “public information is available at minimum during normal business hours of the government body.”

552.234 Method of Making Written Request for Public Information
Click To Read: 552.234 Method of Making Written Request for Public Information

This statute provides the method for making a written request for public information under this chapter.

552.235 Public Information Request Form
https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm#552.235

This statute requires the attorney general to create a public request form and provides a requestor the option of excluding certain information outlined in the statute from the request.

552.261 Charge For Providing Copies of Public Information
Click To Read: 552.261 Charge For Providing Copies of Public Information

This statute provides fee information for providing copies of information.

552.022 Categories of Public Information; Examples
Click To Read: 552.022 Categories of Public Information; Examples

This statute provides the categories of information that are open to the public and do not fall into an exemption from required disclosure unless the information is made confidential.

552.023 Special Right of Access to Confidential Information
Click To Read: 552.023 Special Right of Access to Confidential Information

This statute provides when and how a person, or their representative may use a special right of access to confidential information.

552.003 Definitions
Click To Read: 552.003 Definitions

This statute provides definitions for key terms used throughout this chapter.

552.006 Effect of Chapter on Withholding Public Information
Click To Read: 552.006 Effect of Chapter on Withholding Public Information

This statute provides that it does not authorize withholding public information or the limiting of availability of public information except as this statute provides.

552.002 Definition Of Public Information; Media Containing Public Information
Click To Read: 552.002 Definition Of Public Information; Media Containing Public Information

This statute provides the definition of public information.

552.0031 Business Day
Click To Read: 552.0031 Business Day

This statute defines business day as it is used within this act.

552.0035 Access to Information of Judiciary
Click To Read: 552.0035 Access to Information of Judiciary

This statute provides that, “Access to information collected, assembled, or maintained by or for the judiciary is governed by rules adopted by the Supreme Court of Texas or by other applicable laws and rules.”

552.004 Preservation of Information
Click To Read: 552.004 Preservation of Information

This statue provides regulations for the preservation of information for public access.

552.010 State Governmental Bodies: Fiscal and Other Information Relating To Making Information Accessible
Click To Read: 552.010 State Governmental Bodies: Fiscal and Other Information Relating To Making Information Accessible

This statute requires each state governmental body to report certain information regarding information requests.

Sec. 552.026 Education Records
Click To Read: Sec. 552.026 Education Records

This statute provides that this chapter does not require information in education records of educational agencies to be released except under the Family Educational Rights and Privacy Act.

Sec. 552.101 Exception: Confidential Information
Click To Read: Sec. 552.101 Exception: Confidential Information

This statute provides that information that is considered confidential by law, constitution, statutory, or by judicial decision is exempt from the availability requirements of Section 552.021.

552.138 Exception: Confidentiality of Family Violence Shelter Center, Victims of Trafficking Shelter Center, and Sexual Assault Program Information
Click To Read: 552.138 Exception: Confidentiality of Family Violence Shelter Center, Victims of Trafficking Shelter Center, and Sexual Assault Program Information

This statute provides that information maintained by a family violence shelter center, victims of trafficking shelter center, or sexual assault programs is exempt from the availability requirements of Section 552.01 if certain requirements are met. It also provides what information is confidential and provides definitions of key terms. It further provides penalties for government bodies that withhold or redact information under this statute.

552.148 Exception: Confidentiality of Certain Personal Information Maintained By Municipality Pertaining To a Minor
Click to Read: 552.148 Exception: Confidentiality of Certain Personal Information Maintained By Municipality Pertaining To a Minor

This statute provides that certain information pertaining to minors is exempt from the availability requirements of Section 552.021.

552.1345 Exception: Confidentiality of Certain Information Relating To Civilly Committed Sexually Violent Predators
Click To Read: 552.1345 Exception: Confidentiality of Certain Information Relating To Civilly Committed Sexually Violent Predators

This statute provides that certain information about a person who is committed as a sexually violent predator that is obtained or maintained by the Texas Civil Commitment Office is exempted from the availability requirements of Section 552.021.

552.135 Exemption: Confidentiality of Certain Information Held By School District
Click To Read: 552.135 Exemption: Confidentiality of Certain Information Held By School District

This statute provides that certain information related to school districts is exempt from the availability requirements of Section 552.021.

552.1325 Crime Victim Impact Statement: Certain Information Confidential
Click To Read: 552.1325 Crime Victim Impact Statement: Certain Information Confidential

This statute provides that certain information contained in a victim impact statement is confidential.

552.132 Confidentiality of Crime Victim or Claimant Information
Click to Read: 552.132 Confidentiality of Crime Victim or Claimant Information

This statute provides that certain victim information held by the Crime Victims compensation division of the attorney general’s office is confidential.

552.114 Exception: Confidentiality of Student Records
Click To Read: 552.114 Exception: Confidentiality of Student Records

This statute provides what student information is confidential and exempt from the availability requirements of Section 552.021.

552.352 Failure or Refusal of Officer For Public Information To Provide Access to or Copying of Public Information
Click To Read: 552.352 Failure or Refusal of Officer For Public Information To Provide Access to or Copying of Public Information

This statute provides that it is an offense for an officer or their agent to, with criminal negligence, fail or refuse to give access to or permit the copying of public information. It also provides affirmative defenses to prosecution under this statute.

Section IV: Federal Laws

The following is a list of federal laws that relate to human and child trafficking with links and short summaries.

Adoption Assistance and Child Welfare Act of 1980

Summary: The Act created Title IV-E, or the program that gives funding for state foster care systems.

42 U.S.C. Ch. 7 and Title IV-E

Child Abuse and Prevention Treatment Act of 1974

Summary: The Act establishes a national center for child abuse and neglect and a National Clearinghouse on child abuse programs.

42 U.S.C. Ch. 67 Section 5101, 5102, and 5104

Child Sexual Abuse and Pornography Act of 1986

Summary: The act makes the Transportation with Intent to Engage in Prostitution, Promotion or Facilitation of Prostitution, Coercion and Enticement, and the Transportation of Minors to Engage in Prostitution a crime.

18 U.S.C. Ch. 117 Sections 2421 to 2423

DNA Analysis Backlog Elimination Act of 2000

Summary: The Act allows the AG to collect DNA samples from convicted Sex Offenders and Abusers.

34 U.S.C. Ch. 407 Sections 40702 and 40706

Indian Child Welfare Act of 1978

Summary: The law established Federal standards for the removal and placement of Native children as well as with termination of parental rights to protect the best interests of Native American children and keep them connected to their families and Tribes.

The law delineates the roles of State and Tribal governments in child welfare cases involving children who are members of or eligible for membership in Federally recognized Tribes.

25 U.S.C. Ch. 21

Miscellaneous Crimes

Summary: Federal Sex crimes include Enticement into Slavery, Involuntary Servitude, Forced Labor, Trafficking with respect to Involuntary Services, Sex Trafficking of Children, Illegally Withholding Documents in furtherance of Sex Crimes, Benefitting Financially from Trafficking Persons, and Attempting to and Conspiring to commit Child Sex Trafficking.

18 U.S.C. Ch. 77 Sections 1583, 1584, 1589, 1590, 1591, 1592, 1593A, 1594, 1596

Remedies for Victims of Sex Crimes include Restitution and injunctions.

18 U.S.C. Ch. 77 Sections 1593, 1595, 1595A

National Child and Search Assistance Act of 1990

Summary: The Act provides law enforcement agencies with requirements when reporting missing children.

34 U.S.C. Ch. 413 Section 41307 and 41308

National Child Protection Act of 1993

Summary: The act creates a national criminal history background check system where each State, Commonwealth, and Territory is required to report child abuse and indexes information for purposes of childcare providers.

34 U.S.C. Ch. 401

National Criminal History Access and Child Protection Act of 1998

Summary: The act allows the creation of an Interstate Compact to better share criminal history records and encourages States to share data with the FBI in order to exchange criminal history records for noncriminal justice purposes allowed by laws.

34 U.S.C. Ch. 403 Sections 40315 and 40316

Protection of Children Against Sexual Exploitation Act of 1977

Summary: The act makes Sexual Exploitation of Children and the Selling or Buying Children, Failure to Report Child Abuse and certain activities relating to Sexual Exploitation of Minors and Possession of material that contains Child Pornography a crime.

18 U.S.C. Ch. 110 Sections 2251 to 2253

Sexual Abuse Act of 1986

Summary: The act added a new chapter in Title 18 containing several new sex crimes, among which included Aggravated Sexual Abuse, Abusive Sexual Contact, and Sexual Abusive of a Minor or Ward of the State.

18 U.S.C. Ch. 109A Sections 2241, 2242, 2243, 2244, 2245, 2247

Remedies for Sex Abuse Act violations include Restitution, Criminal and Civil Forfeiture of Assets, and Civil Remedies for Personal Injuries.

18 U.S.C. Ch. 109A Section 2248 ; Ch. 110 Sections 2253, 2254 , 2255 , and 2259

Sexual Offender Registry and Notification Act of 2006

Summary: The act created a National and State Sex Offender Registry and created different tiers of sex offenders. The Act also made it a crime for a convicted Sex Offender to fail to register.

34 U.S.C. Ch. 209

Trafficking Victims Protection Reauthorization Act of 2008

Summary: The Act creates subcategories for State sex crimes and human trafficking for reporting purposes.

34 U.S.C. Ch. 413 Section 41309

Uniform Federal Crime Reporting Act of 1988

Summary: The Act requires all federal crimes shall be catalogued in the Uniform Crime Reports.

34 U.S.C. Ch. 413 Section 41303 and 41304

Victims of Trafficking and Violence Protection Act (TVPA) of 2000

Summary: The act authorized the President to create an Interagency Task Force to Monitor and Combat Human Trafficking and authorize the Secretary of State to cooperate with foreign countries. 7103(a) and (b). The President also has authority to create and establish international economic initiatives to enhance economic opportunity for the victims of trafficking as a means to deter trafficking.

22 U.S.C. Ch. 78 Section 7101, 7103

Click to view or download an expanded review of federal laws.

Section V: Federal & State-by-State Resources

Federal Freedom Of Information Act (FOIA)

The Freedom of Information Act, 5 U.S.C. § 552

Government agencies must publish certain information to the Federal Register regarding their organizational structure, governmental procedures, rules of procedures, substantive rules of general applicability, and all revisions, repeals, or amendments of any such rules.

Government agencies must make available final administrative opinions, statements of policy and adopted interpretations, administrative staff manual and instructions, copies of all records, and a general index of all records.

Government agencies must state to requestor the time, place, fees, and procedures of accessing public records. Agencies must make reasonable actions to maintain its records.

Government agencies must determine whether or not to comply with a FOIA no longer than 20 days (excluding weekends and federal holidays). If a government agency does not comply with a FOIA request within 20 days, the requestor is deemed to have exhausted administrative remedies. Upon any determination by an agency to comply with a request for records, the records shall be made promptly available to such person making such request. Most government agencies fail to meet the 20-day requirement. Because no jurisdiction has the power to review until after the 20-day requirement is expired, most FOIA requests end up in court resulting in courts ordering agencies to hand over the requested information unless it contains exempted material.

Materials Exempted from FOIA Requests:

Material that is classified as Top Secret in the name of national defense or foreign policy by Executive Order.
Material that relates to internal rules and agency practices.
Material that is specifically exempted by other statutes.
Material relating to trade secrets, commercial, or confidential financial information.
Inter and Intra-agency memos that are unavailable to third parties that are not involved in litigation with the agency.
Personnel and medical files and disclosure of similar files that constitute an unwarranted invasion of privacy.
Certain records and information for law enforcement purposes with certain limitations.
Material responsible for the regulation or supervision of financial institutions.
Geological and geophysical information concerning wells.

Any fees accumulated for federal FOIA requests must be reasonable in relation to the actions to acquire the requested information.

Registered Sex Offenders By State

[mapplic id=”83305″]

State-by-State Child Abuse And Trafficking Reporting Contacts

State

Child Abuse Contact Information/Hotlines

Child Trafficking Hotlines

Alabama

County Contacts Links

Alaska

800-478-4444

Arizona

888-SOS-CHILD (1-888-767-2445)

Arkansas

800-482-5964

California

800-422-4453

Colorado

844-264-5437

Connecticut

800-842-2288

Delaware

800-292-9582

Florida

1-800-96-ABUSE (1-800-962-2873)

Georgia

855-422-4453

866-363-4842

Hawaii

Oahu: 808-832-5300 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-380-3088

Oahu: 808-832-1999 Hawaii Island, Maui, Molokai, Lanai, Kauai: 888-398-1188

Idaho

855-552-5437

208-630-6601

Illinois

800-252-2873

888-373-7888

Indiana

800-800-5556

888-373-7888

Iowa

800-362-2178

515-725-6330

Kansas

800-922-5330

888-373-7888

Kentucky

877-597-2331

888-373-7888

Louisiana

855-452-5437

800-434-8007

Maine

800-452-1999

888-373-7888

Maryland

800-917-7383

888-373-7888

Massachusetts

800-792-5200

617-963-2223

Michigan

855-444-3911

888-373-7888

Minnesota

By County

877-996-6222

Misssissippi

888-222-8000

888-373-7888

Missouri

800-392-3738

888-373-7888

Montana

866-820-5437

833-406-7867

Nebraska

800-652-1999

833-757-5665

Nevada

Washoe: 833-900-7233, Clark: 702-399-0081, All other counties: 833-571-1041

888-373-7888

New Hampshire

Everybody: 603-271-6562, In-state: 800-894-5533

800-277-5570

New Jersey

877-652-2873

855-363-6548

New Mexico

855-333-7233

888-373-7888

New York

800-342-3720

800-771-7755

North Carolina

Per County Contacts Links

888-373-7888

North Dakota

833-958-3500

888-373-7888

Ohio

855-642-4453

888-373-7888

Oklahoma

800-522-3511

855-617-2288

Oregon

855-503-7233

888-373-7888

Pennsylvania

800-932-0313

888-373-7888

Rhode Island

800-742-4453

888-373-7888

South Carolina

888-227-3487

888-373-7888

South Dakota

877-244-0864

888-373-7888

Tennessee

877-237-0004

855-558-6484

Texas

800-252-5400

888-373-7888

Utah

855-323-3237

801-200-3443

Vermont

800-649-5285

888-984-8626

Virginia

In-state: 804-786-8535 Out-of-State: 800-552-7096

833-463-6448

Washington

6 Different Regional Numbers:
Region 1: 800-557-9671, Region 2: 855-420-5888, Region 3: 866-829-2153, Region 4: 800-609-8764, Region 5: 888-713-6115, Region 6: 866-764-2233

888-373-7888

West Virginia

800-352-6513

888-373-7888

Wisconsin

Per County Contacts Links

888-373-7888

Wyoming

Per County Contacts Links

888-373-7888

State-By-State Criminal Grooming Laws

The matrix below provides state laws, which include the state’s definition of grooming.

State

Statute

Name

Online/In-person/Both

Felony/ Misdemeanor

Penalty

Alabama

§ 13A-6-122

Electronic Solicitation of a Child

On-line

Class B Felony

Imprisoned between 2 and 20 years in prison

Alaska

§§ 11.41.452; 11.41.455

Enticement of a Minor; Unlawful Exploitation of a Minor

Both

Class A Felony

Fined up to $250k and up to 20 years in prison

Arizona*

§ 13-3554

Luring a Minor for Sexual Exploitation

Unspecified

Class 3 Felony

Imprisoned between 2.5 to 7 years in prison

Arkansas

§ 5-27-307

Sexual Grooming a Child

Both

Class D Felony or Class A Misdemeanor

Felony: Fined up to $10k and up to 6 years in prison
Misdemeanor: Fined up to $2,500 and up to 1 year in jail

California

§ 647.6

Miscellaneous Offenses

Unspecified

Misdemeanor

Fined up to $5k, up to 1 year in jail, or both

Colorado*

§ 18-6-403

Sexual Exploitation of a Child

Unspecified

Class 3, 4, or 5 Felony

Class 3: Fined up to $750k and imprisoned up between 10 and 32 years
Class 4: Imprisonment between 2 to 6 years and fined between $2k and $500k
Class 5: Imprisonment between a year and 18 months a fined between $1k and $100k

Connecticut

§ 53a-90a

Enticing a Minor

Online

Class B, C, or D Felony

Class B: Fined up to $15k and imprisoned between 1 and 40 years
Class C: Fined up to $10k and imprisoned between 1 and 10 years
Class D: Fined up to $5k and imprisoned between 1 and 5 years

Delaware

§ 1112A

Sexual Solicitation of a Child

Both

Class B or C Felony

Class B: Between 2 and 25 years in prison
Class C: Up to 15 years in prison

Florida

§ 847.0135

Prohibited Computer Usage

Online

Second or Third-Degree Felony

Second-Degree: Fined up to $10k and up to 15 years in prison
Third-Degree: Fined up to $5k and up to 5 years in prison

Georgia

§ 16-12-100.2(e)

Child Exploitation

Online

Felony

Fined up to $25k and imprisoned between 1 and 20 years

Hawaii*

§§ 707-756; 707-757

Electronic Enticement

Online

Class B or C Felony

Class B: Imprisoned up to 10 years
Class C: Imprisoned up to 10 years

Idaho

§ 18-1509A

Enticing a Child through use of the Internet or other Communication Device

Online

Felony

Imprisoned up to 15 years

Illinois

§ 5/11-25

Grooming

Online

Class 4 Felony

Between 1 and 3 years in prison

Indiana

§ 35-42-4-13

Inappropriate Communication with a child

In-person

Level 6 Felony or Class A or B Misdemeanor

Felony: Between 6 months in jail and 2.5 years in prison
Misdemeanor: Up to 1 year in jail and fined up to $5k (based on Class A misdemeanor)

Iowa

§ 728.12

Sexual Exploitation of a Minor

Unspecified

Class C or D Felony

Fined up to $50k and any other appropriate sentence

Kansas

§ 21-5510

Sexual Exploitation of a Child

Unspecified

Off-Grid Person, Severity Level 3 or 5 person Felony

Level 3: Imprisoned between 55 and 247 months
Level 5: Imprisoned between 31 and 136 months
Off-grid: Death or Life in prison

Kentucky

§ 510.155

Unlawful use of electronic means to induce a minor

Online

Class C or D Felony

Imprisoned between 5 and 10 years

Louisiana

§ 14:81.3

Computer-aided Solicitation of a Minor

Online

Felony

Fined up to $10k and imprisoned up to 20 years

Maine

§ 259-A

Solicitation of a Child

Both

Class C or D Crime (Felony or Misdemeanor)

Class C (Felony): Imprisoned up to 5 years and fined up to $5k
Class D Misdemeanor: Up to 1 year in jail and fined up to $2k

Maryland

§ 3-324

Computer-aided Solicitation of a Minor

Both

Felony

Fined up to $25k or imprisoned up to 10 years

Massachusetts

Ch. 272 § 4

Inducing a Minor for Sex

In-Person

Felony

Fined up to $1k, Imprisoned up to 3 years, or both

Michigan

§ 750.145a

Accosting, Enticing, or Soliciting a Minor for Immoral Purpose

Unspecified

Felony

Fined up to $4k or imprisoned up to 4 years

Minnesota

§ 609.352

Solicitation of a Child for Sex

On-line

Felony

Fined up to $10k or imprisoned up to 5 years

Mississippi

§§ 97-5-33
and 97-5-35

Exploitation of Children

Both

Felony

Fined between $50k and $500k and imprisoned between 5 and 40 years

Missouri

§ 566.151

Enticement of a Child

Both

Felony

Imprisoned between 5 and 30 years

Montana

§ 45-5-625

Sexual Abuse of Children

Unspecified

Felony

Fined up to $10k and imprisoned for life or up to 100 years

Nebraska

§ 28-320.02

Sexual Assault using electronic communication

Online

IC or ID Felony

IC Felony: Imprisoned between 5 and 50 years in prison
ID Felony: Imprisoned between 3 and 50 years in prison

Nevada*

§ 201.560

Luring Children

Both

Category B or C Felony

Computer: Fined up to $10k and imprisoned between 1 and 10 years
Other Means: Fined up to $10k and imprisoned between 2 and 15 years

New Hampshire

§ 649-B:4

Prohibited Computer Uses

On-line

Class A or B Felony

Imprisoned between 10 and 20 years

New Jersey

§ 2C:13-6

Luring and Enticing a child

Both

Felony

Mandatory Minimum of 1/3 to ½ sentence imposed or 3 years, whichever is greater

New Mexico

§ 30-37-3.2

Child Solicitation by Electronic Device

On-line

Second, Third, or Fourth-Degree Felony

Second-Degree: Up to 15 years in prison and fined up to $12,500
Third-Degree: Up to 6 years in prison and fined up to $5k
Fourth-Degree: Up to 10 years in prison and fined up to $5k

New York

§§ 100.08

Criminal Solicitation

Unspecified

Class E Felony

Imprisoned between 16 months and 4 years

North Carolina

§ 14-202.3

Solicitation of Child by Computer

On-line

Class G or H Felony

Class G: Imprisoned between 8 and 31 months
Class H: Imprisoned between 4 and 25 months

North Dakota

§§ 12.1-20-05
and
12.1-20-05.1

Corruption, Solicitation, Luring a Minor

Both

Class A Misdemeanor or Class B or C Felony

Class A Misdemeanor: Up to 1 year in prison and fined up to $3k
Class B Felony: Up to 10 years in prison and fined up to $20k
Class C Felony: Up to 5 years in prison and fined up to $10k

Ohio

§ 2905.05

Criminal Child Enticement

Unspecified

First-Degree Misdemeanor or Fifth-Degree Felony

Misdemeanor: Up to 180 days in jail and fined up to $1k
Felony: Imprisoned between 6 and 12 months in jail and fined up to $2,500

Oklahoma

21 § 1123

Lewd or Indecent Proposals to Minors

Both

Felony

Imprisoned between 3 and 25 years

Oregon

§ 167.057

Luring a Minor

Unspecified

Class C Felony

Imprisoned up to 5 years, fined up to $125k, or both

Pennsylvania*

§ 6320

Sexual Exploitation of Children

Unspecified

Second-Degree Felony

Imprisoned up to 10 years and fined up to $25k

Rhode Island

§ 11-37-8.8

Indecent Solicitation of a Child

Both

Felony

Imprisoned at least 5 years (See R.I. Gen. Laws Section 11-37-8.9)

South Carolina

§ 16-15-342

Solicitation of a Minor

Both

Felony

Fined up to $5k and imprisoned for up to 10 years

South Dakota

§ 22-24A-5

Solicitation of a Minor

Both

Class 4 Felony

Imprisoned up to 10 years and fined up to $20k

Tennessee

§ 39-13-528

Solicitation of a Minor

Both

One classification less than most serious crime solicited (Felony)

Example: If Class A Felony committed, punished like Class B Felony

Texas

Penal Code Ch. 15 § 15.032 (Effective September 1, 2023); Ch. 33 § 33.021

Child Grooming; Online Solicitation of a Minor

Both

Section 33.021: Second or Third-Degree Felony
Section 15.032: Second or Third-Degree Felony

Second-Degree: Imprisoned between 2 and 20 years in prison and fined up to $10k
Third-Degree: Imprisoned between 2 and 10 years in prison and fined up to $10k

Utah

§ 76-4-401

Enticement of a Minor

Online

One classification less than the illegal conduct (Felony or Misdemeanor)

Example: If First-Degree Felony committed, punished like Second-Degree Felony

Vermont

13 § 2828

Sexual Exploitation of Children

Both

Felony

Fined up to $10k or imprisoned for up to 5 years
(See 13 V.S.A. 2825(e))

Virginia

§ 18.2-374.4

Display of Child Pornography or Grooming Videos to a Child

Unspecified (but presumably online)

Class 6 Felony

Imprisoned between 1 to 5 years in prison

Washington*

§ 9.68A.040

Sexual Misconduct (Limited to School Employees)

Unspecified

Class B Felony

Imprisoned up to 10 years, fined up to $20k, or both

West Virginia

§ 61-3C-14b

Soliciting a Minor Through a Computer

Online

Felony

Fined up to $5k or imprisoned between 2 and 10 years

Wisconsin*

§ 942.09(4)

Representations depicting nudity

Unspecified

Class I Felony or Class A Misdemeanor

Felony: Imprisoned up to 3.5 years and fined up to $10k
Misdemeanor: Imprisoned up to 9 months in jail and fined up to $10k

Wyoming

§ 6-2-318

Soliciting to Engage in Illicit Sexual Relations

Unspecified

Felony

Imprisoned up to 5 years

*States that do not have a grooming statute or are too general to be called a grooming statute.

Source: Leah E. Kaylor, Georgia M. Winters, Elizabeth L. Jeglic & Jennifer Cilli (2022) An analysis of child sexual grooming legislation in the United States, Psychology, Crime & Law, DOI: 10.1080/1068316X.2022.2043313

Go To The Project Defend & Protect Our Children Homepage

The information, links, and other materials furnished by America’s Future on this website page are being furnished only for educational and informational purposes and with the understanding that America’s Future, Inc. is not engaged in rendering legal advice. If legal advice or other expert assistance is required, the services of a competent professional advisor should be sought. Before relying on the information, links, or other materials on this website page, you should confirm that the materials provided are current and complete and have not been rescinded, modified, deleted, or updated otherwise.

REPORT HUMAN TRAFFICKING

Texas Human Trafficking Hotline:
1-844-643-2251

Texas Child Abuse Hotline:
1-800-252-5400

Homeland Security Human Trafficking Hotline:
1-866-347-2423

Immigration and Customs Enforcement Hotline:
1-866-DHS-2-ICE

Learn More

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Section I: Texas State Laws

Section II: Texas County-Local Laws

Section III: Texas Hotlines & Other Helpful Resources

Section IV: Federal Laws

Section V: Federal & State-by-State Resources

Fed Investigation Into Diddy May Reopen Old Criminal Cases

Guatemala Accuses Texas Of Harboring NGOs Trafficking Children

Get In The Fight – State Campaigns – Testimonials

Not On My Watch Podcast Episode 11

Get In The Fight – Texas Summit Recap Video

Not On My Watch Podcast Episode 10