Laws Related to Human Trafficking
Human Trafficking Prevention Program:
Act 83 (2023)
HRS § 28-182 - Human Trafficking Prevention Program
Summary: Act 83 (2023), which was codified as HRS § 28-182, establishes the statewide human trafficking prevention program within the Department of the Attorney General to address the needs of victims of human trafficking through the development and implementation of statewide strategies to prevent trafficking, assist victims, promote public awareness, and provide training. It requires the Department of the Attorney General to submit reports to the legislature on its efforts to address human trafficking.
Criminal Offenses:
HRS § 712-1202 – Sex Trafficking (Class A felony)
HRS § 707-720 – Kidnapping (Class A or Class B felony)
HRS § 707-781 – Labor Trafficking in the First Degree (Class A felony)
HRS § 707-782 – Labor Trafficking in the Second Degree (Class B felony)
HRS § 712-1203 – Promoting Prostitution (Class B felony)
HRS § 712-1209.1 – Commercial Sexual Exploitation of a Minor (Class B felony)
HRS § 707-756 – Electronic Enticement of a Child in the First Degree (Class B felony)
HRS § 712-1215 – Promoting Pornography for Minors (Class C felony)
HRS § 712-1209.5 – Habitual Commercial Sexual Exploitation (Class C felony)
HRS § 712-1200 – Prostitution (Misdemeanor)
Act 83 (2023)
HRS § 28-182 - Human Trafficking Prevention Program
Summary: Act 83 (2023), which was codified as HRS § 28-182, establishes the statewide human trafficking prevention program within the Department of the Attorney General to address the needs of victims of human trafficking through the development and implementation of statewide strategies to prevent trafficking, assist victims, promote public awareness, and provide training. It requires the Department of the Attorney General to submit reports to the legislature on its efforts to address human trafficking.
Criminal Offenses:
HRS § 712-1202 – Sex Trafficking (Class A felony)
HRS § 707-720 – Kidnapping (Class A or Class B felony)
HRS § 707-781 – Labor Trafficking in the First Degree (Class A felony)
HRS § 707-782 – Labor Trafficking in the Second Degree (Class B felony)
HRS § 712-1203 – Promoting Prostitution (Class B felony)
HRS § 712-1209.1 – Commercial Sexual Exploitation of a Minor (Class B felony)
HRS § 707-756 – Electronic Enticement of a Child in the First Degree (Class B felony)
HRS § 712-1215 – Promoting Pornography for Minors (Class C felony)
HRS § 712-1209.5 – Habitual Commercial Sexual Exploitation (Class C felony)
HRS § 712-1200 – Prostitution (Misdemeanor)
The Trafficking Victims Protection Act (TVPA) of 2000 is the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, 2005, 2008, 2013, 2017, and 2018.
Under U.S. federal law, “severe forms of trafficking in persons” includes both sex trafficking and labor trafficking:
Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age.
Commercial Sexual Exploitation of Children - CSEC- refers to a range of crimes and activities involving the sexual abuse or exploitation of a child (<18 yrs old) for the benefit of any person or in exchange for anything of value (including monetary and non-monetary) given or received by any person.
Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Under U.S. federal law, “severe forms of trafficking in persons” includes both sex trafficking and labor trafficking:
Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age.
Commercial Sexual Exploitation of Children - CSEC- refers to a range of crimes and activities involving the sexual abuse or exploitation of a child (<18 yrs old) for the benefit of any person or in exchange for anything of value (including monetary and non-monetary) given or received by any person.
Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.
The mandatory reporting checklist for suspected incidences of human trafficking can be found at Child Welfare Services’ website: https://humanservices.hawaii.gov/ssd/home/child-welfare-services/.