New York State Legislation
The New York State Anti-Trafficking Coalition has identified these high priorities needed to develop the strongest possible anti-trafficking law for New York State:
Some of the proposed bills have proposed that the basic crime of human trafficking, absent aggravating factors, be classified as a D-nonviolent felony, a low-level felony for which almost no defendant ever serves jail time. We believe that this is simply too low a charge to reflect the serious harm inflicted by human traffickers, or to deter potential offenders in the face of huge potential profits.
Traffickers use forms of coercion that may not look like the knife-at-the-throat situation typical in a street corner robbery and may not meet the legal definition of an imminent threat of force. Traffickers use fraud, intimidation, immigration abuse, and a wide range of techniques to control their victims. The crime of trafficking must be defined broadly enough to meet the experiences of real trafficking victims. A definition that is sufficiently broad yet sufficiently precise is one of the most important criteria for an effective law.
Sex trafficking flourishes because there is a huge demand for commercial sex. An effective anti-trafficking law must raise penalties on those who patronize illegal commercial sex (prostitution, and especially underage prostitution).
New York needs a strong law making it clear that, whatever the status of prostitution in other jurisdictions, sex tour businesses are prohibited from operating here.
Victims of sex trafficking should not be subjected to arrest and prosecution for prostitution. A person's status as a trafficking victim should be a defense against prostitution charges.
Survivors of human trafficking need a comprehensive set of immigration and social services to assist them in rehabilitating their lives.
Federal Legislation
Congresswoman Carolyn Maloney (D-Manhattan) has recently introduced a bill that would appropriate $2 million to create a special office within the IRS to prosecute sex traffickers for violating tax laws. The bill raises penalties for tax violations by sex traffickers, such as failing to file returns or not reporting income, to a maximum of 10 years in prison and a $50,000 fine. An identical bill has already been passed out of a Senate Committee.
