Texas Administrative Code
Title 40 - SOCIAL SERVICES AND ASSISTANCE
Part 19 - DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 707 - CHILD PROTECTIVE INVESTIGATIONS
Subchapter C - CHILD CARE INVESTIGATIONS
Division 5 - ABUSE, NEGLECT, AND EXPLOITATION
Section 707.795 - What is sex trafficking?

Universal Citation: 40 TX Admin Code ยง 707.795

Current through Reg. 49, No. 38; September 20, 2024

(a) Sex trafficking is a subset of the statutory definitions of abuse that appear in Texas Family Code § 261.001(1) and includes the following acts or omissions by a person:

(1) Knowingly causing, permitting, encouraging, engaging in, or allowing a child to be trafficked in a manner punishable as an offense under § 20A.02(a)(7) or (8), Penal Code; or

(2) The failure to make a reasonable effort to prevent a child from being trafficked in a manner punishable as an offense under § 20A.02(a)(7) or (8), Penal Code.

(b) In this section, "trafficked" means enticing, luring, recruiting, harboring, transporting, enslaving, selling, or holding captive a child for sexual conduct specified in Penal Code § 20A.02(a)(7). It involves giving or receiving monetary or nonmonetary remuneration, including the child's sexual services, and a pervasive loss of freedom for the child.

(c) Sex trafficking does not require force, fraud, or coercion. The definition of sex trafficking is met even if it appears that the child is in agreement with the conduct or does not consider herself or himself to be a victim of sex trafficking.

(d) When determining whether a child is a victim of sex trafficking, we evaluate the totality of circumstances, including evidence that the child is being controlled by threats of deportation or physical or other types of harm to the child or the child's family; evidence of withholding or destroying of the child's legal documents; causing the child or child's family to become indebted to the trafficker; restricting the child's movement, communication, or ability to live a normal life; or using physical, verbal, or other types of intimidation or manipulation to cause the child to feel helpless or in fear of the trafficker.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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