View source for Act to Strengthen Existing State Human Trafficking Statutes

{{Infobox ALEC Bills
|bill_title          = Act to Strengthen Existing State Human Trafficking Statutes
|date_introduced     = July 17, 2025
|date_reviewed       =
|date_finalized      = 
|date_amended        =	
|date_accessed       =
|type                = Model Policy
|status              = Draft
|task_forces         =  Judiciary; Federalism, Homeland Security and International Relations 
|keywords            = Homeland Security
|notes               =
}}
<h1>Act to Strengthen Existing State Human Trafficking Statutes</h1>
An Act to amend [STATE’s] relevant code relative to criminal offenses.  

BE IT ENACTED:  

The relevant state code is amended by amending it to include the language contained herein:  

1. “Human trafficking offense” means the commission of any act that constitutes the criminal offense of: 

(A) Involuntary labor servitude, under the current code;
(B) Trafficking persons for forced labor or services, under the current code;
(C) Trafficking for commercial sex act, under the current code;
(D) Patronizing prostitution, under the current code;
(E) Promoting prostitution, under the current code; or
(F) Promoting the prostitution of a minor, under the current code; and  

This state’s current code is amended by adding the following as a new subdivision:  

2. “Organization” means any of the following, whether foreign or domestic:  

(A) Limited liability companies;  
(B) Corporations;  
(C) Not-for-profit corporations;  
(D) Profit and not-for-profit unincorporated associations;  
(E) Business trusts;  
(F) Estates;  
(G) General partnerships;  
(H) Limited partnerships;  
(I) Registered or unregistered limited liability partnerships;  
(J) Trusts; or  
(K) Joint ventures;  

This state’s current code is amended by adding the following as a new subsection:  

3. In addition to any other remedy, if the attorney general and reporter has reason to believe that any person or organization is committing, has committed, or is about to commit a human trafficking offense or aggravated human trafficking, then the attorney general and reporter may bring an action in the appropriate state court against the person or organization to:  

Restrain the person’s or organization’s actions by temporary restraining order or temporary or permanent injunction;  
Cancel, revoke, or terminate any certificate of formation, certificate of incorporation, articles of organization, trust instrument, certificate of authority to transact business, license, permit, approval, charter, or registration to transact business of the person or organization;  
Appoint a receiver for the organization; or  
Involuntarily dissolve the organization.  

The relevant state code is amended by adding the following as a new section:  

(a) A person commits the offense of human smuggling who, for the purpose of commercial advantage or private financial gain: 
Knowingly transports an individual with intent to conceal the individual from a law enforcement officer or a federal immigration officer, while knowing the individual has illegally entered or remained in the United States, as determined by the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security; or
Intentionally conceals, harbors, or shields from detection, or intentionally encourages or induces another to conceal, harbor, or shield from detection, an individual that the person knows has illegally entered or remained in the United States, as determined by the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security.  
(b) Human smuggling is a Class E felony.  
(c)A person commits aggravated human smuggling who commits the offense of human smuggling as prohibited by subsection (a), and the victim of the offense was less than thirteen (13) years of age at any time during the person’s course of conduct.
Aggravated human smuggling is a Class A felony.  
(d) As used in this section, “harbor” means to provide shelter to or conceal the whereabouts of an individual whom the person knows has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.  
(e) It is not a violation of subsection (a) for:
An attorney licensed and admitted to the practice of law in this state pursuant to provide bona fide legal advice to an individual; or
A person to provide healthcare services or assistance to an individual presenting at a licensed healthcare facility, or the office or other practice site of a healthcare provider licensed, registered, certified, or otherwise permitted to deliver healthcare services under this state’s relevant statute.  

This act takes effect on the date designated by this legislative body, the public welfare requiring it, and applies to offenses committed on or after that date.