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Human Trafficking Definitions

According to the National Human Trafficking Resource Center, “human trafficking, also known as trafficking in persons (TIP), is a modern-day form of slavery.  It is a crime under federal and international law; it is also a crime in every state in the United States.”  Furthermore, “the Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law that includes prevention, protection, and prosecution.  The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, 2005, 2008, and 2013.”

Human Trafficking

California Penal Code Section 236.1

The deprivation or violation of the personal liberty of another with the intent to obtain forced labor or services.

“Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.

Causing, inducing, or persuading, or attempting to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act.

Commercial Sexual Exploitation of Children (CSEC)

22 U.S. Code Section 7102

Subsection (4): Commercial sex act

The term ‘‘commercial sex act’’ means any sex act on account of which anything of value is given to or received by any person.

Subsection (9): Severe forms of trafficking in persons

The term "severe forms of trafficking in persons" means:

(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age

Subsection (10): Sex trafficking

The term ‘‘sex trafficking’’ means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

California Welfare and Institutions Code Section 300

Subsection (b)(2):

The Legislature finds and declares that a child who is sexually trafficked, as described in Section 236.1 or 11165.1 of the Penal Code, and whose parent or guardian failed to, or was unable to, protect the child, is within the description of this subdivision, and that this finding is declaratory of existing law. These children shall be known as commercially sexually exploited children.

Child Labor Trafficking

Child labor trafficking is a form of labor trafficking as defined in 22 U.S. Code Section 7102(9)(B).

Administration for Children and Families: Office of Refugee Resettlement adds “Child labor is a form of work that is likely to be hazardous to the health and/or physical, mental, spiritual, moral or social development of children and can interfere with their education.”(Office of Refugee Resettlement, 2012)

Read more here.

Also see:

Human Trafficking (National Human Trafficking Resource Center)

What is Human Trafficking? (California Department of Justice: Office of the Attorney General)

These web pages include resources from various entities outside of the CDSS.Resources are provided for the user’s convenience and inclusion on these web pages does not constitute an endorsement by the CDSS of any views expressed or services or products offered by these other entities.

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