II. WHAT IS HUMAN TRAFFICKING?
Human trafficking is the second largest and the fastest growing criminal industry in the
world, 17 generating thirty-two billion dollars per year. 18 The U.S. Department of State indicates
that twenty-seven million persons worldwide are victims of human trafficking. 19 As noted above,
however, this shocking and violent crime is not found only in foreign countries. Between 14,500
and 17,500 victims are trafficked into the United States each year. 20 Worse, much human
trafficking targets children already in the United States: the FBI estimates that nearly 300,000
American youths are currently at risk of becoming victims of commercial sexual exploitation. 21
What’s more, most of the children who are trafficked within the United States are U.S. citizens,
and many of these children are pre-adolescents. 22
A. Definition of Human Trafficking23
It is critical to specify what the term “human trafficking” means in the context of this
article as well as what it does not mean. The federal definition of human trafficking is divided
into two parts: labor trafficking and sex trafficking. Labor trafficking constitutes “the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.” 24 Sex trafficking is “the recruitment, harboring,
transportation, provision, or obtaining of a person for the purpose of a commercial sex act,
induced by force, fraud or coercion, or in which the person induced to perform such an act is
under the age of 18 years old.”25 It is important to note that under the federal law and many state
laws, a victim of sex trafficking who is under the age of eighteen does not have to be forced into
trafficking in order to be a victim. 26 Requiring evidence of “force, fraud or coercion” to prove the
child is being trafficked is inconsistent with a child’s developmental age, and with other laws
regarding the exploitation and protection of children. 27 The law generally recognizes that a child
17 See Human Trafficking, OFFICE OF THE IND. ATT’Y GEN., http://www.in.gov/attorneygeneral/2963.htm (last visited Aug. 13, 2012);
What Is Human Trafficking?, U.S. DEP’T OF HEALTH & HUMAN SERVS., http://www.acf.hhs.gov/trafficking/about/index.html (last
visited Jan. 13, 2012).
18 Human Trafficking, supra note 17; INT’L LABOR OFFICE, A GLOBAL ALLIANCE AGAINST FORCED LABOR 55 (2005),
19 U.S. DEP’T OF STATE, TRAFFICKING IN PERSONS REPORT 2013 7 (2013), available at
20 ALISON SISKIN & LIANA SUN WYLER, CONG. RESEARCH SERV., TRAFFICKING IN PERSONS: U.S. POLICY AND ISSUES FOR
CONGRESS 2 (2010), http://www.unhcr.org/refworld/docid/4d2d96e62.html.
21 Walker-Rodriguez & Hill, supra note 1; see also NAT’L CTR. FOR MISSING & EXPLOITED
CHILD., http://www.missingkids.com/CSTT (last visited Nov. 19, 2013) (“ 1 out of 8 endangered runaways reported to the National
Center for Missing & Exploited Children in 2012 were likely child sex trafficking victims.").
22 Walker-Rodriguez & Hill, supra note 1; see POLARIS PROJECT, supra note 1.
23 This section is taken largely from Abigail Lawlis Kuzma, Game Plan to Fight Human Trafficking: Lessons From Super Bowl XLVI,
2 DEPAUL J. WOMEN, GENDER & L. 129 (2012).
24 The Laws, IND. PROTECTION FOR ABUSED & TRAFFICKED HUMS. TASK FORCE, http://www.indianaagainsttrafficking.org/the-laws/
(last visited Apr. 28, 2012); 18 U.S.C.A. § 1581 (West 2013) (explaining peonage); § 1584 (explaining sale into involuntary
servitude); § 1589 (explaining crime of forced labor); § 1590 (explaining crime of trafficking with respect to peonage, slavery,
involuntary servitude, or forced labor). While it is important to note the difference between labor trafficking and sex trafficking, this
article will primarily focus on human trafficking in the context of sex trafficking.
25 The Laws, supra note 24; 18 U.S.C.A. § 1591.
26 See, e.g., 18 U.S.C.A. § 1591; IND. CODE ANN. § 35-42-3. 5-1(b) (West 2013).
27 For examples of where a legislature distinguished minors from the general population, see IND. CONST. art. 2, § 2 (Voting
qualifications); IND. CODE ANN. § 35-42- 4-4 (Child exploitation; possession of child pornography; violation classification; exemption;