Trafficking of Persons: Texas Penal Code §20A.02

The Texas Trafficking of Persons law makes it a crime to traffic a person for forced labor or services, to benefit from a trafficking venture, or to cause a person to engage in specified sex or labor offenses, whether through force, fraud, or coercion.

The Trafficking of Persons offense in Texas is the law that prohibits illicit human trafficking. This trafficking law prohibits both trafficking in and receiving benefits from certain prohibited trafficking activities, including forced labor, sex trade activities, and sexually exploiting children. Since 2015, the Texas legislature has passed many laws related to human trafficking and amended the Trafficking of Persons several times.

The legislature amended the Trafficking of Persons offense in 2019, 2021, 2023, and then again in 2025. In 2023, the legislature added “disabled” individuals to the offense subsections that formerly only applied to children and created additional punishment level enhancements. As of September 1, 2025, the default offense level is (conflictingly) upgraded to a first degree felony by some 2025 enactments.

For purposes of the Trafficking of Persons law, “human trafficking” includes sex-trafficking conduct. Individuals who traffic, who receive a benefit from a trafficking venture, or who use trafficked persons for labor or sexual conduct can be charged, and prosecutors often pair these charges with Solicitation of Prostitution, Promotion of Prostitution, Online Promotion of Prostitution, Aggravated Online Promotion of Prostitution, Aggravated Promotion of Prostitution, and Compelling Prostitution.

The state may also seek an indictment for Continuous Trafficking of Persons if they believe you engaged in human trafficking on two or more occasions.

The Penal Code classifies the Texas Trafficking of Persons law under Title 5 “Offenses Against The Person,” Chapter 20A “Trafficking Of Persons.” Learn more about the Texas offense of Trafficking of Persons below.

What is the current Texas law about Trafficking of Persons?

The Trafficking of Persons offense is described in Section 20A.02 of the Texas Penal Code. The most current version of this section is as follows:^[1]

(a) A person commits an offense if the person knowingly:

(1) traffics another person with the intent that the trafficked person engage in forced labor or services;

(2) receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;

(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:

(A) Section 43.02 (Prostitution);

(B) Section 43.03 (Promotion of Prostitution);

[(B-1) Section 43.031 (Online Promotion of Prostitution)] ***bracketed language effective September 1, 2019***

(C) Section 43.04 (Aggravated Promotion of Prostitution);

[(C-1) Section 43.041 (Aggravated Online Promotion of Prostitution); or] ***bracketed language effective September 1, 2019***

(D) Section 43.05 (Compelling Prostitution);

(4) receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);

(5) traffics a child [or disabled individual] with the intent that the trafficked child [or disabled individual] engage in forced labor or services[[, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled]]; ***bracketed language effective September 1, 2023; double-bracketed language effective September 1, 2025***

(6) receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services[, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled]; ***bracketed language effective September 1, 2025***

(7) traffics a child [or disabled individual][[, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled,]] and by any means causes the trafficked child or disabled individual to engage in, or become the victim of, conduct prohibited by: ***bracketed language effective September 1, 2023; double-bracketed language effective September 1, 2025***

(A) Section 21.02 (Continuous Sexual Abuse of Young Child or Children);

(B) Section 21.11 (Indecency with a Child);

(C) Section 22.011 (Sexual Assault);

(D) Section 22.021 (Aggravated Sexual Assault);

(E) Section 43.02 (Prostitution);

[(E-1) Section 43.021 (Solicitation of Prostitution);] ***bracketed language effective September 1, 2021***

(F) Section 43.03 (Promotion of Prostitution);

[(F-1) Section 43.031 (Online Promotion of Prostitution);] ***bracketed language effective September 1, 2019***

(G) Section 43.04 (Aggravated Promotion of Prostitution);

[(G-1) Section 43.041 (Aggravated Online Promotion of Prostitution);] ***bracketed language effective September 1, 2019***

(H) Section 43.05 (Compelling Prostitution);

(I) Section 43.25 (Sexual Performance by a Child);

(J) Section 43.251 (Employment Harmful to Children); or

(K) Section 43.26 (Possession or Promotion of Child Pornography); or

(8) receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child [or disabled individual] trafficked in the manner described in Subdivision (7)[[, regardless of whether the person knows the age of the child or whether the person knows the victim is disabled]]. ***bracketed language effective September 1, 2023; double-bracketed language effective September 1, 2025***

The definition of Coercion

Coercion was defined by the 85th Texas Legislature in 2017, and codified in Section 20A.01.^[2] This definition of coercion was replaced with a new one by the 86th Texas Legislature in 2019,^[3] and then finally replaced again by the 87th Legislature in 2021 as follows:^[4]

(1-a) “Coercion” as defined by Section 1.07 includes:

(A) destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person’s actual or purported:

(i) government records; or

(ii) identifying information or documents;

(B) causing a trafficked person, without the person’s consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person’s ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services; or

(C) withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services.

The 2019 legislative changes

Effective in 2019, the 86th Texas Legislature added Online Promotion of Prostitution and Aggravated Online Promotion of Prostitution to the subsection (a)(7) list of offenses in which causing a child to engage in, or be a victim of, as a result of trafficking, is prohibited under this law. ^[5]

The 2021 legislative changes

Effective in 2021, the 87th Texas Legislature added Solicitation of Prostitution to the subsection (a)(7) list of offenses in which causing a child to engage in, or be a victim of, as a result of trafficking, is prohibited under this law.^[6] Under the 2023 amendments, this updated subsection (a)(7) now applies to disabled individuals as well.

The 2023 legislative changes

In 2023, the 88th Texas Legislature added “disabled individuals” to subsections (5), (7) and (8) of Section 20A.02, making it illegal to traffic disabled individuals in the instances it would also be illegal to traffic children.^[7] The 88th Legislature also created some additional enhancements.

The 2025 legislative changes

Effective as of September 1, 2025, subsections (5)–(8) impose strict liability as to whether the person trafficked is a child or a disabled individual—no proof of the actor’s knowledge is required for those status elements.^[8]

What is the penalty for a Texas Trafficking of Persons offense?

For conduct on or after September 1, 2025, one enacted version of subsection (b) classifies all Trafficking of Persons offenses as first-degree felonies.^[9] At the same time, another 2025 enactment retained the preexisting framework that lists first-degree triggers while otherwise describing the offense as a second-degree felony, so the codified statute currently reflects two conflicting versions of subsection (b).^[10] Offenses that occurred before September 1, 2025 remain governed by prior law, under which the default classification was a second-degree felony.

Under the alternative version of subsection (b) that retains the second-degree default, the offense is a first-degree felony if: “(1) the applicable conduct constitutes an offense under Subsection (a)(5), (6), (7), or (8), regardless of whether the actor knows the age of the child or whether the actor knows the victim is disabled at the time of the offense;” or “(2) the commission of the offense results in serious bodily injury to or the death of the person who is trafficked.”^[11]

Enhancements enacted in 2017

As of 2017, the offense is also a first-degree felony if the commission of the offense results in the death of an unborn child of the person who is trafficked.^[12]

Enhancements enacted in 2023

In 2023, the legislature added first-degree triggers for cases in which the actor: “(A) used or exhibited a deadly weapon during the commission of the offense; (B) intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the trafficked person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth; or (C) recruited, enticed, or obtained the trafficked person from a shelter or facility operating as a residential treatment center that serves runaway youth, foster children, the homeless, or persons subjected to human trafficking, domestic violence, or sexual assault.”^[13]

Another 2023 enactment created a “supermax” penalty requiring a minimum 25-year sentence if the offense occurred in specified protected locations (for example, on or within 1,000 feet of school premises or during official school/UIL events).^[14]

Updates effective in 2025

For conduct on or after September 1, 2025, the protected-location rule applies if the actor committed any part of the offense in the listed areas and it expressly includes school bus stops/pick-up or drop-off zones and school buses or other school passenger vehicles.^[15]

In addition, subsection (b) now includes a specific first-degree trigger for recruiting, enticing, or obtaining the trafficked person from a correctional facility, and the protected-premises list is expanded to include correctional facilities.^[16]

What changed in 2025?

In 2025, the 89th Legislature made several changes to the Trafficking of Persons law. All 2025 amendments apply to offenses with elements occurring on or after September 1, 2025. Conduct before that date remains governed by prior law; conduct on/after that date is governed by the new law.^[17] Here is a summary of the changes:

• Default offense level now likely upgraded from second degree felony to first degree felony: Multiple 2025 enactments created two concurrently enacted versions of §20A.02(b): (1) SB 1212 upgrades the default offense classification to a first-degree felony; and (2) SB 955 and HB 1778 retains the second-degree default with specified first-degree enhancements. SB 1212 classified all Trafficking of Persons offenses as first-degree felonies, subject to the special §20A.02(b-1) enhancement rule for protected locations.^[18] Note, however, that although the legislature passed this one bill upgrading the penalty classification to a first degree felony, two other bills passed the legislature retaining the second degree felony classification. All of the bills kept the penalty level description in subsection (b), so the current law has two separate and concurrent subsection (b) provisions – one with a default classification of a first degree felony and another with a default classification of a second degree felony.
• Knowledge of age/disability not required for (a)(5)–(8): The state need not prove the actor knew the victim was a child or disabled for subsections (a)(5)–(8).^[19]
• Expanded “supermax” (25–99 years or life) enhancement: The (b-1) enhancement now applies if the actor committed “any part of the offense” at or near protected locations, which now explicitly include school bus stops and designated student pick-up/drop-off zones, and separately include school buses or other school passenger vehicles.^[20]
• Additional protected location & recruitment factor (correctional facilities): Protected locations also include correctional facilities, and one 2025 enactment added a recruitment-from-correctional-facility factor in §20A.02(b).^[21]
• No “mental-state” or “completion” defense in prostitution-based trafficking cases: For prosecutions under §20A.02(a)(7) or (8) tied to prostitution, it is not a defense that the trafficked child/disabled individual lacked the culpable mental state or did not complete the act. Parallel rules were added to Continuous Trafficking of Persons (§20A.03) and Compelling Prostitution (§43.05).^[22]

How can I be charged with a Trafficking of Persons offense in Texas?

You can be charged with Trafficking of Persons in Texas if the state’s attorneys believe that each of the elements of any of subsections (1)-(8) of §20A.02(a), as described in the section above, have been met.

Trafficking of Persons convictions may rest on only the uncorroborated testimony of a single party to the offense.^[23] In addition, for prosecutions under §20A.02(a)(7) or (8), it is not a defense that the trafficked child or disabled individual lacked the culpable mental state to engage in the act of prostitution or did not complete the act; parallel provisions apply to Continuous Trafficking of Persons and Compelling Prostitution, effective September 1, 2025.^[24]

What is the statute of limitations for Trafficking of Persons in Texas?

The Code of Criminal Procedure contains two special limitations period provisions related to this offense. The limitations period for trafficking a child under subsections (a)(5) or (a)(6) is 20 years from the eighteenth birthday of the victim.^[25] The limitations period for trafficking a disabled individual under subsections (a)(5) or (a)(6) is 10 years from the date the offense was discovered.^[26]

Otherwise, for subsection (a)(1), (2), (3), or (4) offenses, the limitations period is ten years.^[27]

Can you get probation for Trafficking of Persons in Texas?

The Texas Code of Criminal Procedure prohibits judges from granting deferred adjudication probation.^[28] The Code also prohibits juries from recommending probation for people convicted of this offense.^[29] The Texas Code of Criminal Procedure prohibits judges from placing people convicted of this offense on straight probation as well.^[30]

Do I have to register as a sex offender in Texas if guilty of Trafficking of Persons?

Trafficking of Persons is an offense that requires registration as a sex offender in Texas only in certain circumstances — specifically, convictions under subsections (a)(3), (4), (7), or (8) of §20A.02 require registration.^[31]

What level of crime is Trafficking of Persons in Texas?

The Penal Code classifies the punishment for Trafficking of Persons as either a first or second degree felony, depending on the circumstances, with a potential minimum 25 year prison sentence.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §20A.02(a)^2. HB 2529, 85th Legislature (RS), Section 1, effective September 1, 2017^3. The 86th Texas Legislature changed the definition of coercion for offenses occurring on or after September 1, 2019 in SB 1802, 86th Texas Legislature, Section 2, effective September 1, 2019. The 2019 definition was as follows:

(a-1) For purposes of Subsection (a)(3), “coercion” as defined by Section 1.07 includes:

(1) destroying, concealing, confiscating, or withholding from a trafficked person, or threatening to destroy, conceal, confiscate, or withhold from a trafficked person, the person’s actual or purported:

(A) government records; or

(B) identifying information or documents;

(2) causing a trafficked person, without the person’s consent, to become intoxicated, as defined by Section 49.01, to a degree that impairs the person’s ability to appraise the nature of the prohibited conduct or to resist engaging in that conduct; or

(3) withholding alcohol or a controlled substance to a degree that impairs the ability of a trafficked person with a chemical dependency, as defined by Section 462.001, Health and Safety Code, to appraise the nature of the prohibited conduct or to resist engaging in that conduct.

^4. Texas Penal Code §20A.02(a-1), as enacted by by HB 1540, 87th Legislature (RS), Sections 21 & 62, effective September 1, 2021^5. SB 20, 86th Texas Legislature, Section 3.11, effective September 1, 2019^6. HB 1540, 87th Texas Legislature, Section 22, effective September 1, 2021^7. SB 1527, 88th Texas Legislature, Sections 2.01 and 2.02, effective September 1, 2023^8. Texas Penal Code §20A.02(a)(5)–(8), as amended by SB 1212, 89th Legislature (RS), Section 1; effective date: Section 6^9. Texas Penal Code §20A.02(b), as amended by SB 1212, 89th Legislature (RS), Section 2; and HB 1778, 89th Legislature (RS), Section 1.11^10. Texas Penal Code §20A.02(b), as amended by SB 955, 89th Legislature (RS), Section 1^11. Texas Penal Code §20A.02(b)(1)–(2), as amended by SB 955, 89th Legislature (RS), Section 1^12. Texas Penal Code §20A.02(b)(3), enacted by HB 2552, 85th Legislature (RS), Section 15^13. Texas Penal Code §20A.02(b)(4)(A)–(C), as enacted by SB 1527, 88th Legislature (RS), Section 2.02^14. Texas Penal Code §20A.02(b-1), enacted by HB 3554, 88th Legislature (RS), Section 1^15. Texas Penal Code §20A.02(b-1), as amended by HB 1778, 89th Legislature (RS), Section 1.12^16. Texas Penal Code §20A.02(b)(4)(D) & (b-1)(1)(H), as amended by SB 955, 89th Legislature (RS), Sections 1–2^17. SB 955, 89th Legislature (RS), Section 4; SB 1212, 89th Legislature (RS), Section 6; HB 1778, 89th Legislature (RS), Sections 1.11–1.12; HB 2761, 89th Legislature (RS), Section 5^18. Texas Penal Code §20A.02(b), as amended by SB 1212, 89th Legislature (RS), Section 2^19. Texas Penal Code §20A.02(a)(5)–(8), as amended by SB 1212, 89th Legislature (RS), Section 1, and HB 1778, 89th Legislature (RS), Section 1.10^20. Texas Penal Code §20A.02(b-1), as amended by SB 1212, 89th Legislature (RS), Section 3, and HB 1778, 89th Legislature (RS), Section 1.12^21. Texas Penal Code §20A.02(b), (b-1), as amended by SB 955, 89th Legislature (RS), Sections 1–2^22. Texas Penal Code §20A.02(e), §20A.03(f), and §43.05(e), as enacted by HB 2761, 89th Legislature (RS), Sections 1–3^23. Texas Penal Code §20A.04(c)^24. Texas Penal Code §20A.02(e), §20A.03(f), and §43.05(e), as enacted by HB 2761, 89th Legislature (RS), Sections 1–3; effective date: Section 5^25. Code of Criminal Procedure 12.01(6)(A)^26. Code of Criminal Procedure 12.01(8)^27. Code of Criminal Procedure 12.01(2)(G)^28. Art. 42A.102(b)(1)(A), Texas Code of Criminal Procedure.^29. Art. 42A.056(6), Texas Code of Criminal Procedure^30. Art. 42A.054(a)(5), Texas Code of Criminal Procedure^31. Code of Criminal Procedure, Article 62.001(5)(K)