Policies & Legislation

The cruelty of slavery has long been a part of human existence. It’s in how societies have changed views of slavery and have worked to end slavery’s strongholds that we see paths of progress in legal language to criminalize and prevent sexual and labor exploitation, and what would eventually become known as human trafficking.

History of Legislation

Congressional

Originally titled the White-Slave Traffic Act of 1910, later renamed The Mann Act for Representative James Robert Mann (R), the act made it a felony to engage in interstate or foreign commerce transport of “any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose”. In 1978, Congress updated the act’s definition of “transportation” and added protections against commercial sexual exploitation for minors, including boys. In 1986, an amendment further protected minors and added protection for adult males making the law gender neutral. As part of a larger 1986 bill focused on criminalizing various aspects of child pornography, the Mann Act was further amended to replace the ambiguous “debauchery” and “any other immoral purpose” with the more specific “any sexual activity for which any person can be charged with a criminal offense”.
Source: Britannica

On International Women’s Day, March 11, 1998, President William J. Clinton issued an Executive order on Steps to Combat Violence Against Women and Trafficking in Women and Girls. It directed the U.S. government to increase its efforts within the United State and in partnership with other countries to match the increased sophistication and scope of worldwide trafficking as a crime and human rights abuse and to improve protections for its victims. The directive centered on a three-part anti-trafficking strategy consisting of prevention, victim assistance and protection, and enforcement.
Source: Freedom First Celebrating 20 Years of Progress to Combat Human Trafficking, U.S. Department of State

The TVPA was a successful collaboration that brought together a group with widely divergent interests and legislative agendas. Those who were involved worked to advance the creation and development of the legislation, seeking to reduce and ultimately eliminate the bondage of humans around the globe. Several concepts were hotly debated: how to balance concerns about border security, immigration, and rule of law with individual rights and protection of vulnerable people, and whether the focus should be on just sex trafficking or also include forced labor. The U. S. Department of Justice pushed for legislation that would support prosecutorial efforts to bring traffickers to justice by criminalizing non-violent forms of coercion. In the bill, Congress expanded the definition as: a) threats of serious harm to or physical restraint against any person; b) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or c) the abuse or threatened abuse of the legal process.

In 1999, Representative Chris Smith (R), introduced legislation that would later become the TVPA of 2000 and included victim protection provisions affording temporary immigration relief in the form of T visas. On the Senate side, Senator Paul Wellstone (D) raised the issue and language of human trafficking introducing the International Trafficking of Women and Children Victim Protection Act which eventually laid the groundwork for Senate Bill 2414, the Trafficking Victims Protection Act (TVPA), which Senator Wellstone introduced in April 2000.
Source: Freedom First Celebrating 20 Years of Progress to Combat Human Trafficking, U.S. Department of State

Through truly bi-partisan work, humanity was addressed and legislation addressing domestic as well as international human trafficking passed and has continued to do so being signed into law by Presidents Clinton, Bush, Obama, Trump, and Biden.

On November 15, 2000, in Palermo, Italy, the United Nations Convention against Transnational Organized Crime finalized the Palermo Protocol providing the first internationally-agree definition of “trafficking in persons.” It included six types of non-violent coercion in addition to the traditional force and restraints construction, and covered all forms of trafficking (including for sex and labor). It ushered in a victim-centered approach and provided the 3P paradigm of prosecution, protection, and prevention.
Source: Freedom First Celebrating 20 Years of Progress to Combat Human Trafficking, U.S. Department of State

State

When the TVPA was first enacted in 2000, no state in the United States had modern human trafficking laws. The first states to criminalize human trafficking were Washington and Texas in 2003. Today, all 50 states have criminalized human trafficking and enacted other provisions to support

human trafficking prevention, victim identification, protection and services for survivors, and improved coordination among government and civil society stakeholders.

Early on, state and criminal law definitions diverged from the federal TVPA definitions. For example, some states only addressed sex trafficking but not labor trafficking; some states only recognized force and threats of force as means of committing this crime to the exclusion of more subtle forms of coercion and fraud that characterize modern human trafficking; and some states required force, fraud, or coercion as elements of sex trafficking minors. Over time, state laws have converged around more comprehensive definitions that more closely reflect the federal TVPA definitions. In 2004, the U.S. DOJ assisted this effort by publishing a “model state anti-trafficking criminal statute.” This convergence of state laws over time has facilitated better enforcement coordination among federal, state, local, tribal, and territorial law enforcement agencies. Montana enacted its first state law criminalizing human trafficking in 2007.
Source: Freedom First Celebrating 20 Years of Progress to Combat Human Trafficking, U.S. Department of State

SB385 2007

Introduced by J. Cobb

An act criminalizing subjecting another to involuntary servitude and trafficking in persons for involuntary servitude; providing for penalties.

SB197 2017

Introduced by T. Gauthier, D. Ankney, B. Beard, J. Gross, B. Hamlett, J. Welborn

An act encouraging the Office of Public Instruction to undertake efforts to prevent child sex trafficking.

SB147 2019
Introduced by M. MacDonald, G. Custer, F. Fleming, J. Gross, J. Karjala, K. Kelker, E. Kerr-Carpenter, E. McClafferty, M. McNally, A. Olsen, R. Peppers, T. Richmond, D. Sands, J. Small, B. Smith, S. Stewart Peregoy, P. Webb, D. Zonlikov

An act generally revising laws related to human trafficking and sex crimes to protect victims; revising the offense of prostitution to include direct sexual contact; revising penalties for prostitution offenses to allow for aggravated penalties for persons who promote prostitution and to all for aggravated penalties when the offender knew or should have known that the victim was a human trafficking victim or subjected to force, fraud, or coercion; revising the definition of a crime of violence to include aggravated promotion of prostitution and human trafficking offenses; providing that a person’s consent is not a defense to human trafficking and sex crimes if the accused knew or reasonably should have known the person was a victim of human trafficking or was subjected to force, fraud, or coercion; reforming laws related to human trafficking to conform penalties and language to laws related to sex crimes.

HB749 2019

Introduced by D. Zolnikov

An act generally revising human trafficking laws; providing requirements for massage therapy businesses; providing an appropriation to establish a two-person human trafficking enforcement team consisting of two agents from the division of criminal investigation.

HB112 2023

Introduced by J. Etchart

By the request of the Department of Justice

An act generally revising human trafficking and prostitution laws; providing for the crimes of sex trafficking, labor trafficking, aggravated sex trafficking, and child sex trafficking; providing for the buying of commercial sex a felony on the first offense.

Legislative Priorities

Congressional

The Task Force supports the following vital congressional legislation alongside our national and state partners.

This federal Bill of Rights covers major gaps in protecting domestic workers in the workplace by:

  • Ending the exclusion of domestic workers from core workplace protections like paid overtime, paid sick days, safety and health coverage under the Occupational Health and Safety Act, and anti-harassment and anti-discrimination protections under the Title VII Civil Rights act, including freedom from sexual harassment. The bill will also emphasize protections for live-in domestic workers.
  • Creating new protections to address the unique challenges of domestic work including written agreements, a new standards board and support for survivors of sexual harassment.
  • Ensuring that rights aren’t just on paper, but that they can be enforced and implemented through Know-Your-Rights information and education, strengthening protections against retaliation for domestic workers who exercise their rights, creation and funding for an Interagency Task Force on Protecting Domestic Workers’ Workplace Rights.

 
Learn more about the National Domestic Workers Bill of Rights.

  • Enforcement of existing labor laws
  • Prevent labor trafficking of vulnerable workers
  • Provide economic security for everyone

 
Learn more about Increase Funding for Worker Protection Agencies.

Trafficking Survivors Relief Act (TSRA) Sponsors: Representative Ted Lieu (D) and Representative Burgess Owens (R)

A significant step toward federal criminal records relief, including the possibility of full vacatur — the highest level of relief that suggests the person never should have been convicted in the first place.

  Learn more about Prioritizing Survivor Voices at the Federal Level: Criminal Records Relief.
EARN IT Act (S.1207) Sponsors: Senator Richard Blumenthal (D) and Senator Lindsey Graham (R)

Gives victims of child sexual abuse material the right to sue digital platforms that circulate this criminal content and a chance to restore their privacy

  Learn more about the EARN IT Act.

Kids Online Safety Act (S.1409)
Sponsor: Senator Richard Blumenthal (D)

Creates a legally relevant “duty of care” requiring online apps and platforms to center the needs of children and requires online safeguards for children

 
Learn more about the Kids Online Safety Act.

Project Safe Childhood Act (S.1170) Sponsor: Senator John Cronyn (R)

Modernizes DOJ’s Project Safe Childhood Program to enhance law enforcement’s response to address online child sexual exploitation

  Learn more about the Project Safe Childhood Act.
REPORT Act (S.474) Sponsor: Senator Marsha Blackburn (R)

Improves NCMEC’s CyberTipline through required reporting of child sex trafficking and enticement and extends the retention period to hold reported material to provide more time for law enforcement to conduct investigations

  Learn more about the REPORT Act.

STOP CSAM Act (S.1199)
Sponsor: Senator Richard Durbin (D)

Expands civil remedies for victims of online sexual exploitation and requires removal of related exploitive visual depictions (REVD)

 
Learn more about the STOP CSAM Act.

State

The Task Force supports the following critical priorities for state legislation alongside our national and state partners.

Some of our advocacy goals include:

1. Decriminalize Persons Exploited by the Sex Trade

a. Fix any existing MT law that could be used to criminalize a prostituted person
b. Vacate all prostitution records
c. Invest and improve resources and exit services to those being exploited in the sex trade:

i. Improve upon the statewide human trafficking referral system, Montana Human Trafficking Hotline
ii. Implement a ‘funding follows the survivor’ model of MT service provision for victims and survivors trafficked in MT and receiving related services in MT
iii. Establish a certification program for programs providing residential aftercare for victims and survivors trafficked in MT and residing in residential aftercare programs in MT
iv. Continue efforts to create and support a Family Justice Center in Billings and other MT cities
v. Support survivor mentoring programs, life and job skills development programs, etc.

Learn more about The Equality Model.

2. Hold Sex Buyers Accountable

a. Implement a demand reduction campaign to include elements such as:

i. AI bots to assist in reverse sting operations such as Street Grace
ii. Intervention programs
iii. General statewide and community awareness of the new state law via press releases and signage in strategic locations targeting potential sex buyers (truck stops, gas stations, etc)

Learn more about Stopping Sexual Exploitation: A Program for Men.
Learn more on Sex Buying is a Practice of Gender-Based Violence.
Learn more about Men’s Accountability and Stopping Sexual Exploitation.

3. Hold Exploiters Accountable

a. Continue to fund and support the DOJ in their efforts to investigate and prosecute human trafficking cases, which includes the addition of full-time victim specialists

4. Engage in Community Awareness and Prevention Efforts

a. Introduce a Montana Anti-Human Trafficking Business Initiative, to include industry training, supply chain scrutiny to prevent labor trafficking, and a pledge for businesses to sign as a public commitment to address human trafficking in the commercial sector
b. Continue to collaborate and work with regional task forces to increase awareness and resources

Some of our advocacy goals include:

  • Enacting policies that would require convicted sex buyers to pay for services to aid survivors
  • Widening opportunities for prostituted people to expunge or vacate crippling criminal records
  • Ensuring funds are included in federal and state bills for direct services
  • Providing pathways to reduce debt forced onto survivors by their traffickers

 
Learn more about how partner organization NCOSE walks alongside survivors.

Some of our advocacy goals include:

  • Reducing child pornography exposure abuse
  • Limiting the ability for predators to target and groom kids online
  • Eliminating child sexual abuse material on the Internet
  • Ensuring technology companies are held accountable for CSAM distributed and consumed on their platforms


Learn more about protecting children online.

Some of our advocacy goals include:

  • Making it near impossible for traffickers to act with impunity as they groom and sell victims on mainstream platforms
  • Continuing to stop efforts to legalize sex-buying, brothel-keeping, and pimping.


Learn more about Sex Trafficking.
Learn more about Combating Demand & Sex Buying.

Some of our advocacy goals include:

  • Ensuring there is meaningful informed consent given by all who are depicted in pornographic material – platforms and pornographers who do not verify will face high penalties.
  • Legislating easy, simple, and fast ways for victims to have depictions of their abuse or non-consensual material permanently removed from platforms.
  • Protecting kids from exposure to pornography.


Learn more about the Public Health Harms of Pornography.