Human Trafficking

Federal Law

The first comprehensive federal law addressing human trafficking was enacted in 2000. Co-sponsored by U.S. Senator Sam Brownback, the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386, also referred to as the Trafficking Victims Protection Act of 2000, or TVPA 2000) used a “three-pronged approach” to combat the problem: “… prevention through public awareness programs overseas and a State Department-led monitoring and sanctions program; protection through a new T-Visa and services for foreign national victims; and prosecution through new federal crimes.”

Among other provisions, the Act made human trafficking a federal crime with severe penalties, created a number of related new crimes, and mandated that restitution be paid to victims. The Act has been reauthorized several times since its establishment, with the most recent reauthorization occurring in 2023 (Public Law 117-34).

Kansas Law

The Kansas law establishing the crimes of trafficking and aggravated trafficking was passed in 2005 (SB 72) [Note: The crimes were renamed “human trafficking” and “aggravated human trafficking” in 2010 (Sub. for SB 353)]. A comprehensive effort to strengthen other sections of law related to human trafficking and sexual exploitation was enacted in 2013 with Senate Sub. for HB 2034. Among other provisions, the bill:

• Authorizes the Attorney General (AG) to coordinate training for law enforcement agencies;
• Directs proceeds from fines for trafficking-related crimes to fund this training and services for human trafficking victims;
• Creates the crime of commercial sexual exploitation of a child;
• Establishes an affirmative defense to the crime of selling sexual relations that the defendant was subjected to human trafficking or commercial exploitation of a child;
• Requires notices offering help to victims of human trafficking be posted on the official websites of the Office of the AG, Department for Children and Families (DCF), and the Department of Labor;
• Requires the Secretary of Labor to consult with the AG to create an education plan to raise awareness among Kansas employers about human trafficking; and
• Implements procedures for law enforcement officers, DCF, and the courts to follow when a child is taken into custody in connection with a human trafficking-related offense or situation, including assessment and possible placement in a secure facility.

House Sub. for SB 40, enacted in 2017, further amended law concerning human trafficking. Among other provisions, the bill:

• Creates four new crimes related to human trafficking, including internet trading in child pornography, and increases penalties on certain existing crimes related to human trafficking;
• Specifies that a person who violates any provision of the human trafficking statute could be prosecuted for, convicted of, and punished for commercial sexual exploitation of a child or any form of homicide, and specifies fines associated with certain crimes;
• Requires an applicant for a commercial driver’s license to complete AG-approved training in human trafficking identification and prevention; and
• Requires an offender who is convicted of promoting the sale of sexual relations to be listed on the Kansas Offender Registry for 15 years.

SB 281, enacted in 2018, amended the Protection from Stalking or Sexual Assault Act to also apply to victims of human trafficking, renaming it the Protection from Stalking, Sexual Assault, or Human Trafficking Act (PFSSAHT). Specifically, the bill:

• Revised provisions stating who may seek relief on behalf of a minor child victim of human trafficking, allowing a parent, adult residing with the child, other court-appointed persons, the county or district attorney, or the AG to petition on behalf of the child; and
• Allows a court to enter a restraining order against certain persons with regard to the human trafficking victim.

SB 78, enacted in 2019, provides housing protections to victims of human trafficking, allowing recourse for violations of the bill’s provisions, including being denied tenancy, being evicted, or being found in violation of a rental agreement due to their status as a victim.

HB 2079, enacted in 2021, among other provisions, amended law related to notices offering help to victims of human trafficking to require such notices be posted in certain additional locations, including sexually-oriented businesses, massage parlors, health care facilities, convenience stores, truck stops, and rest areas and visitors centers under supervision or control of the State.

HB 2377, enacted in 2022, among other provisions, disqualifies a person from driving a commercial motor vehicle for life if such person is convicted of certain human trafficking felony crimes while using a commercial motor vehicle in the commission of the crime.

SB 217, enacted in 2023, among other provisions, specifies, for the purposes of restraining orders granted under PFSSAHT, the terms “harassing” or “interfering with the privacy rights” include utilizing any electronic tracking system or acquiring tracking information to determine the targeted person’s location, movement, or travel patterns.