1.1

State child sex trafficking laws should expressly apply to buyers of commercial sex with any minor under 18.

Mirroring federal law, state child sex trafficking statute(s) should unequivocally apply to buyer conduct by expressly criminalizing the act of “purchasing” or “patronizing” a minor for sex, regardless of the child’s age. States that rely on ambiguous terms such as “obtains,” “causes,” or “procures” should reduce the risk of prosecutorial or judicial misinterpretation by explicitly incorporating buyer conduct into their child sex trafficking statute(s).

1.2

State commercial sexual exploitation of children (CSEC) laws should specifically criminalize purchasing or soliciting commercial sex with any minor under 18.

In addition to prosecuting buyers under the child sex trafficking law, law enforcement and prosecutors should be able to investigate and charge a broad range of buyer conduct under state CSEC laws. These laws must clearly apply to buyers by criminalizing the act or attempt to solicit, purchase, or patronize a minor for sex without requiring an additional and limiting actus reus (e.g., use of computer to solicit the minor, transporting the minor). Because CSEC laws historically failed to protect older minors, states should ensure, states should not limit buyer applicable CSEC laws to younger minors.

1.3

State commercial sexual exploitation of children (CSEC) laws should apply to traffickers and protect all minors under 18.

Child sex trafficking cases are complicated to investigate and prosecute, making it imperative for law enforcement and prosecutors to have a variety of offenses in addition to the trafficking offense that cover an array of exploitive conduct. State CSEC laws should protect all minors under 18 without requiring an additional and limiting actus reus (e.g., use of computer to recruit the minor, transporting the minor).

1.4

State law should prohibit mistake of age defenses in child sex trafficking prosecutions.

The harm caused by buyers and traffickers is not mitigated by the offender’s apparent ignorance regarding the child victim’s age, and the offender, not the child victim, should bear the risk of that mistake. As such, state law should clearly prohibit buyers and traffickers from asserting a mistake of age defense in prosecutions for child sex trafficking involving victims who are under 18 years of age.

1.5

State law should mandate that financial penalties are levied on sex trafficking and CSEC offenders and are directed to a victim services fund.

Financial penalties may function as both a deterrent for offenders and a victim services funding stream, the latter providing a valuable resource for ensuring much needed services are adequately funded and available statewide. Accordingly, state asset forfeiture laws should direct a percentage of a sex trafficking or CSEC offender’s forfeited assets toward a victim services fund. Additionally, states should assess a mandatory fee against sex trafficking and CSEC offenders that is also directed toward a victim services fund.

2.1

State law should ensure any commercially sexually exploited child can be legally identified as a “child sex trafficking victim.”

It is imperative that all children who have experienced commercial sexual exploitation are rightfully identified as victims of child sex trafficking. This legal designation enables a child’s ability to access protections, services, and justice that are specifically designed for impacted young people. To support proper identification, the core child sex trafficking law should include all children with experiences of commercial sex, including those exploited by a buyer, regardless of whether the child has, or identifies, a trafficker.

2.2

State law should provide policy guidance to facilitate access to services and assistance for trafficked foreign national children.

State statutory responses to child sex trafficking should protect all victims regardless of immigration status; however, foreign national victims are often denied access to critical services, benefits, and protections available under state law. To address this gap, state law should provide clear policy guidance for stakeholders who interact with and serve foreign national children, facilitating access to care and benefits while mitigating collateral consequences such as under-identification and exposure to punitive immigration proceedings.

2.3

State law should mandate child welfare agencies to conduct trauma-informed CSEC screening for children at risk of sex trafficking.

Under federal law, child sex trafficking victims fall under the definition of abuse and neglect and are entitled to specialized services through child welfare. To ensure identification of victimization and the provision of specialized care, child welfare agencies should adopt trauma-informed CSEC screening measures to screen children at risk of sex trafficking.

2.4

State law should mandate juvenile justice agencies to conduct trauma-informed CSEC screening of children at risk of sex trafficking.

Commercially sexually exploited minors are disproportionately more likely to be involved in the juvenile justice system for offenses related to their trafficking victimization. Juvenile justice plays an important role in identifying and providing a service-based response. To ensure identification and provision of specialized care, juvenile justice agencies should be mandated to adopt trauma-informed CSEC screening measures.

2.5

State law should prohibit the criminalization of minors under 18 for prostitution offenses.

Children who have experienced commercial sexual exploitation are not prostitution offenders; contrarily, all children with experiences of commercial sex are victims of sex trafficking and should be identified and responded to as such. State prostitution statutes should be clearly inapplicable to persons under 18 years of age.

2.6

State law should prohibit the criminalization of child sex trafficking victims for status offenses, misdemeanors, and felony offenses committed as a result of their trafficking victimization.

To ensure survivors are immune from liability, state non-criminalization laws should encompass offenses beyond prostitution, including juvenile status offenses, misdemeanors, and felony offenses. These protections should be available when a nexus between the offense and trafficking victimization is established.

2.7

State law should protect minors from being prosecuted as adults.

All minors should be afforded the child-centered, rehabilitation-focused approaches unique to the juvenile justice system. Ensuring that child-centered responses are broadly available to all justice-involved youth is essential to ensure critical protection for survivors of exploitation.

2.8

State law should define child abuse to include child sex trafficking committed by the child’s legal caregiver to promote access to child welfare services for familial trafficking survivors.

To ensure that all reports of familial trafficking are investigated or assessed and that victims are afforded access to child welfare services, states should expressly identify child sex trafficking committed by the child’s legal caregiver as a form of child abuse.

3.1

State law should establish a coordinated, community-based service response for trafficked children without requiring involvement in child-serving systems.

Survivors often have complex needs that cannot be addressed by a single agency. Treatment should be specialized to the unique trauma associated with commercial sexual exploitation and provided through entry points that do not require involvement in child welfare or juvenile justice.

3.2

State law should provide for a specialized multi-disciplinary team response in child sex trafficking cases.

A specialized multi-disciplinary team (MDT) approach ensures a coordinated response that addresses the holistic needs of survivors throughout the criminal justice and service response processes. MDTs allow professionals to work collaboratively to prioritize the wellbeing of the survivor.

3.3

State law should require child welfare to provide access to specialized services for identified sex trafficked children and youth.

Child welfare has an inescapable role in responding to child maltreatment. State law should ensure that child welfare is positioned—through mandates and adequate funding—to facilitate access to comprehensive, survivor-centered services for child and youth survivors.

3.4

State law should require the juvenile justice system to provide access to specialized services for identified sex trafficked children and youth.

State law should ensure juvenile justice-involved trafficking victims have access to specialized services and care, regardless of whether they participate in a diversion process. Such services are imperative for addressing past harm while ideally preventing future exploitation.

3.5

State law should extend foster care services to older foster youth.

Youth age 18–22 years old are acutely vulnerable to exploitation. To mitigate vulnerabilities, ensure a continuum of care, and provide a bridge between adolescence and adulthood, state law should extend foster care services to youth under 23 years of age.

3.6

State funding should be appropriated to support access to specialized, community-based service providers and a continuum of care for sex trafficked children.

Advancements in care and protection cannot be fully implemented without adequate funding. States’ legislatures should make appropriations to specifically support specialized CSEC services and a continuum of care through community-based services or non-governmental organizations.

4.1

State law should eliminate mandatory minimum sentences for all offenses committed by minors.

State law should allow courts to depart from mandatory minimum sentences when there is evidence of trafficking victimization, past trauma, or based on the young person’s age, allowing survivors the opportunity to present evidence of their trafficking experience during sentencing.

4.2

State law should provide child sex trafficking survivors with an opportunity to seek relief from continued incarceration for crimes committed as a result of their victimization.

Resentencing processes should provide criminalized survivors with an additional chance to have trafficking- or trauma-related factors influencing their involvement in criminal offenses reconsidered, removing barriers to this critical form of relief.

4.3

State law should allow sex trafficked children and youth to vacate convictions for any offenses arising from their victimization.

Beyond the immediate harm of criminalization, related convictions create barriers to stable housing, employment, and education. To prevent ongoing discrimination, state law should enable survivors to seek vacatur relief for convictions tied to their victimization.

4.4

State law should allow trafficking victims to seek emergency civil orders of protection.

These protections are imperative for documenting violence and insulating victims from future harm. To ensure justice and protection, state law should allow victims of sex trafficking to pursue and receive ex parte civil orders of protection against their offenders.

4.5

State law should provide child sex trafficking victims with a trafficking-specific civil remedy and eliminate the statute of limitations for filing those claims.

State law should provide victims with a specific opportunity to pursue civil relief to support full restoration for damages suffered. Such actions should not be barred by a statute of limitation to ensure survivors have access to this remedy at any stage of their healing.

4.6

State law should eliminate statutes of limitations for child sex trafficking and commercial sexual exploitation of children (CSEC) prosecutions.

Eliminating the criminal statute of limitations (SoL) is a necessary and trauma-informed approach. It recognizes the complexity of identifying victimization as well as the challenges of investigating and building successful cases against offenders.

4.7

State law governing crime victims’ compensation should ensure victims of child sex trafficking and commercial sexual exploitation of children (CSEC) are not prevented from accessing compensation due to ineligibility factors.

To ensure CSE minors have access to critical financial support, Crime Victim Compensation (CVC) laws should provide specific exceptions to all ineligibility factors, such as timeliness of reports or cooperation in a related investigation.

4.8

State law should mandate restitution for child sex trafficking and commercial sexual exploitation of children (CSEC) offenses.

Restitution is critical for survivors’ attainment of justice and provides a meaningful form of punishment for offenders. Mandatory restitution orders support survivors’ ability to obtain comprehensive services without significant out-of-pocket costs.

5.1

State law should permit admission of non-testimonial evidence through a child sex trafficking-specific hearsay exception, reducing reliance on victim testimony.

To overcome evidentiary challenges, states should enact hearsay exceptions allowing a victim’s non-testimonial out-of-court statements to be admitted into evidence, as these statements are often made to trusted adults in their lives.

5.2

State law should provide child sex trafficking victims with alternatives to live, in-court testimony regardless of the prosecuted offense.

To mitigate the risk of re-traumatization, state law should allow all child sex trafficking victims, regardless of the prosecuted offense or child’s age, with alternatives to live testimony, including testimony by closed circuit television or videotaped deposition.

5.3

State law should ensure that child sex trafficking victims have access to victim-witness protections within the criminal justice system.

To lessen the impact of fear, state law should ensure victims are afforded access to protections including court record confidentiality, courtroom supports, and a victim advocate, contributing towards more successful investigations and prosecutions.

5.4

State law should provide for privileged communications between caseworkers and child sex trafficking victims.

To protect the child and foster productive relationships, states should enact caseworker privilege laws that protect a victim’s communications from being disclosed during the prosecution related to the child’s trafficking victimization.

6.1

State law should expressly authorize statewide training for child welfare agencies on identification and response to child sex trafficking.

State law should expressly authorize and support the provision of statewide training for all child welfare employees on the identification of and response to child sex trafficking to empower a strong and appropriate response.

6.2

State law should expressly authorize statewide training for juvenile justice agencies on identification and response to child sex trafficking.

To facilitate identification and appropriate care, state law should authorize and support training on identification and appropriate responses for all juvenile justice agency personnel.

6.3

State law should expressly authorize ongoing, trafficking-specific training on victim-centered investigations for law enforcement.

State law should authorize and support the provision of training on child sex trafficking at both the academy and continued in-service training levels to facilitate strong, victim-centered investigations.

6.4

State law should expressly authorize trafficking-specific training on victim-centered investigations and prosecutions for prosecutors.

To support prosecutors’ role in ensuring access to justice, state law should authorize training to facilitate appropriate charging and plea-bargaining decisions and support victim-centered prosecutions.

6.5

State law should expressly authorize child sex trafficking training for school personnel.

School personnel who understand the dynamics of trafficking are more likely to identify exploitation. State law should expressly authorize and support prevention education training in all public schools.

6.6

State law should mandate child sex trafficking prevention education in schools.

A developmentally and age-appropriate child sex trafficking curriculum can serve as a valuable tool for supporting students’ ability to recognize and safely report personal exploitative experiences.