In order to prove a violation of the Texas Continuous Trafficking of Persons law, the state must prove that you engaged in human trafficking two or more times within a 30 day duration.
FAQs about the
Continuous Trafficking of Persons law in Texas
- What is the current Texas law about Continuous Trafficking of Persons?
- What is the penalty for a Texas Continuous Trafficking of Persons offense?
- What changed in 2025?
- How can I be charged with a Continuous Trafficking of Persons offense in Texas?
- What is the statute of limitations for Continuous Trafficking of Persons in Texas?
- Can you get probation for Continuous Trafficking of Persons in Texas?
- Do I have to register as a sex offender in Texas if guilty of Continuous Trafficking of Persons?
- What level of crime is Continuous Trafficking of Persons in Texas?
The statute defining this offense, Penal Code Section 20A.03, requires the state to prove that the underlying offense of Trafficking of Persons occurred continuously, which the statute defines to mean two or more times in a 30-day window.
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The Texas legislature codified this criminal offense in Texas Penal Code Section 20A.03. The law was updated in 2025, when the legislature added a provision explicitly banning a specific defense to prosecution. Prior to this change, the law had not been amended since 2015.
Continuous human trafficking involves exploiting individuals for financial gain or other economic benefits. This exploitation is often alleged to include forcing them into physical or sexual labor. Human trafficking is recognized as a crime under federal law and is illegal in every state in the US. It is equated with slavery and is rigorously prosecuted by both the State of Texas and the federal government, depending on the specifics of each case.
Sex crimes against children, including Continuous Sex Trafficking, are among the most emotionally charged criminal charges. Accusations alone can lead friends and family to presume guilt. Conviction for Continuous Sex Trafficking carries grave consequences, including mandatory registration on the national sex offender registry upon release from prison.
The Penal Code classifies the Texas Continuous Trafficking of Persons law under Title 5 “Offenses Against The Person,” Chapter 20A “Trafficking Of Persons.” Learn more about the Texas offense of Continuous Trafficking of Persons below.
What is the current Texas law about Continuous Trafficking of Persons?
Texas law currently defines the offense of Continuous Trafficking of Persons in Penal Code Section §20A.03 as follows:[1]
(a) A person commits an offense if, during a period that is 30 or more days in duration, the person engages two or more times in conduct that constitutes an offense under Section 20A.02 against one or more victims.
Section 20A.02 refers to the Trafficking of Persons offense.
What is the penalty for a Texas Continuous Trafficking of Persons offense?
A conviction for Continuous Trafficking of Persons in Texas is punished as a Felony of the First Degree with a minimum term of confinement of 25 years in prison[2] and a maximum possible sentence of life in prison, plus a fine of up to $10,000.
What changed in 2025?
What changed in 2025 for Continuous Trafficking of Persons?
In 2025, the legislature made one direct change to the Continuous Trafficking of Persons statute: it added subsection (f), which limits certain defenses in prosecutions tied to prostitution conduct involving a child or a disabled individual, effective September 1, 2025 and applying prospectively only.[3]
- New subsection (f): When a Continuous Trafficking of Persons case is based on underlying conduct that constitutes Trafficking of Persons under §20A.02(a)(7) or (8), and the actor is alleged to have caused a trafficked child or disabled individual to engage in or become the victim of prostitution, it is not a defense that the child or disabled individual lacked the culpable mental state to engage in the act of prostitution or did not complete the act.[4]
- Where it applies: The subsection (f) limitation applies only when the prosecution is tied to prostitution as defined in §43.01 and the underlying continuous-trafficking conduct is premised on §20A.02(a)(7) or (8).[5]
- Prospective application: The change applies to offenses with elements occurring on or after September 1, 2025; conduct before that date remains governed by prior law.[6]
- Related, parallel 2025 changes in companion offenses: The legislature enacted matching “no mental-state/no completion” provisions for Trafficking of Persons and Compelling Prostitution, harmonizing defenses across related prosecutions.[7]
- No other 2025 changes to §20A.03: The 2025 session did not alter the elements, duration requirement, penalty range, probation eligibility, or limitations period for Continuous Trafficking of Persons
How can I be charged with a Continuous Trafficking of Persons offense in Texas?
You can be charged with Continuous Trafficking of Persons if the state’s attorneys believe that each of the elements of §20A.03(a) as described in the section above have been met.
Continuous Trafficking of Persons convictions require only the uncorroborated testimony of a single party to the offense.[8]
What is the statute of limitations for Continuous Trafficking of Persons in Texas?
This offense has no limitations period under Texas law.[9]
Can you get probation for Continuous Trafficking of Persons in Texas?
The Texas Code of Criminal Procedure prohibits judges from granting deferred adjudication probation in Continuous Trafficking of Persons cases.[10]
The Code also prohibits both juries and judges from recommending probation for people convicted of this offense.[11]
Do I have to register as a sex offender in Texas if guilty of Continuous Trafficking of Persons?
Effective September 1, 2017, Continuous Trafficking of Persons was added to the list of offenses that require you to register as a sex offender, but only under certain circumstances – those are the ones based on violations of subsections (a)(3), (4), (7), or (8) of the Trafficking of Persons statute.[12]
What level of crime is Continuous Trafficking of Persons in Texas?
The Penal Code classifies the punishment for Continuous Trafficking of Persons as either a first degree felony, with a minimum 25 year prison sentence.
Learn more about the penalty range for this offense in the section above.
Legal References:
^1. Texas Penal Code §20A.03. This law is current as of 2025.^2. Texas Penal Code §20A.03(e)^3. Texas Penal Code §20A.03(f), as enacted by HB 2761, 89th Legislature (RS), Section 2; effective date: Section 5^4. Texas Penal Code §20A.03(f), as enacted by HB 2761, 89th Legislature (RS), Section 2^5. Texas Penal Code §43.01; Texas Penal Code §20A.02(a)(7)–(8)^6. HB 2761, 89th Legislature (RS), Section 5^7. Texas Penal Code §20A.02(e), as enacted by HB 2761, 89th Legislature (RS), Section 1; Texas Penal Code §43.05(e), as enacted by HB 2761, 89th Legislature (RS), Section 3^8. Texas Penal Code §20A.04(c)^9. Code of Criminal Procedure 12.01(1)(H)^10. Art. 42A.102(b)(1)(A), Texas Code of Criminal Procedure.^11. Art. 42A.056(6) and Art. 42A.054(a)(6), Texas Code of Criminal Procedure^12. Code of Criminal Procedure, Article 62.001(5)(L), created by HB 29, 85th Legislature, Section 15, effective September 1, 2017
