Highlights H.

3808: Massachusettss Human Trafficking Legislation

Signed into law by the governor on November 21, 2011.

Provisions Offenses and Criminal Penalties

Criminalizes human trafficking, both labor and sexual services, carrying a penalty of 5 to 20 years in prison with no reduction below 5 years; from 5 years to life in prison for trafficking a person under 18. Defines trafficking of persons for sexual servitude to include sexual services, sexual performance and pornographic material, and does not require proof of force, fraud or coercion. Criminalizes the trafficking of human organs with a penalty of up to 15 years in prison and a fine of up to $50,000; organ trafficking where victim is a child carries minimum sentence of 5 years with no reduction. Subsequent human trafficking violations carry penalty of 10 years to life with no reduction in sentence. Enticing a child through electronic communication for illegal sexual acts or performance carries penalty of up to 5 years in state prison and up to $2,500. Subsequent offenses punished by at least 5 years and $10,000. Any business entity found in violation can be assessed a fine of up to $1,000,000 and victim can sue in civil court. Property is subject to forfeiture in human trafficking cases. Those convicted of human trafficking offenses cannot qualify for temporary release. Includes trafficking of persons for sexual servitude to list of sex offender registry offenses. Increases penalties for buyers of sex with adults from a maximum of one year or $500. New penalty is a maximum of two and a half years or a minimum $1,000 fine or both.

Provisions Victim Rights and Protections

Where the defendant is a victim of human trafficking, it is an affirmative defense to charges of prostitution that he or she committed the crime in question under duress or coercion. Establishes confidentiality of communications between trafficking victims and their case workers, and confidentiality of victims name. Victim sexual history not admissible in court for human trafficking crimes and other sexual crimes. Human trafficking victims, or their legal guardians in the case of death of disability, may bring civil lawsuits within a statute of limitations: 3 years from the date of rescue or 3 years after a child victim attains 18 years of age. Establishes the Victims of Human Trafficking Trust Fund to collect fines from human trafficking violations and provide services. The Court may award restitution to human trafficking victims. Establishment of an interagency task force which will collect data; examine costs and viability of a safe house program for victims; consider public awareness approaches, and other activities.

ECPAT-USA | 157 Montague Street | Brooklyn, NY 11201 | www.ecpatusa.org

Provisions Protections for Sexually Exploited and Trafficked Children

Amends Chapter 272, section 53A to increase penalties on those buying sex with minors by increasing the age of protection from 14 to 18 and adding a financial penalty of $3,000 to $10,000. Defines sexually exploited child as a person under 18 who is a victim of sex trafficking as defined by 22 U.S.C. 7105, or has engaged in an act defined in the states prostitution laws (Chapter 272 Section 53A), or is a victim of inducing a minor into prostitution (Ch. 272.4A), or engages in otherwise lewd or disorderly behavior as defined by Ch. 272.53(a). Where a child is a victim of sexual exploitation or in violation of prostitution laws, it is presumed that a CHINS petition shall be filed on the child's behalf. The court has discretion to indefinitely stay proceedings against a victim if a) arraignment has not taken place; b) the district attorney or attorney general does not object; and c) the child is found to be in need of care and supervision or if a party to the proceeding against the child files a motion to stay proceedings. If arraignment has already occurred the court may place the child in pre-trial probation only if the district attorney or attorney general does not object. In either case, if the child fails to substantially comply under an alternative process, the court can reinstate the delinquency proceeding. Amends the list of mandatory reporting abuses (Ch. 119.51A) to include sexually exploited children and child victims of human trafficking. Amends definition of CHINS to include sexually exploited children and adds a definition of "sexually exploited child" to the CHINS section (Chapter 119, Section 21) of the child welfare statutes. Where Department of Children and Families (DCF) is required to report to the District Attorney cases of abuse and neglect, it must also report a reasonable belief that sexual exploitation or human trafficking is occurring even if the child is not living with parents or guardians. Where a child appears to be sexually exploited and declines services or is unable to participate in them, DCF or any person may file a care and protection petition. DCF will provide care to sexually exploited children during time in custody by law enforcement and/or during duration of any legal proceeding where child is a witness, defendant, or the subject of the proceeding. Creates a multidisciplinary service team to respond to sexually exploited and trafficked children, assess their needs and create a service delivery plan. The child will have access to an advocate. The advocate or a member of the multidisciplinary service team will accompany the child to all court appearances and serve as a court liaison. DCF shall take into consideration the distinct needs of victims when determining services. Services created under this bill may be available to children whether voluntarily, through court proceedings or referral. DCF can contract with a non-profit to provide law enforcement training.

ECPAT-USA | 157 Montague Street | Brooklyn, NY 11201 | www.ecpatusa.org