expanded upon by federal regulations that stipulate that child labor must “not interfere with their
schooling or with their health and well-being,”49 and expressly forbids youth from engaging in
peddling, “which entails the selling of goods or services to customers at locations such as . . .
public places such as street corners and public transportation stations.”50 Particular guidelines and
limits on industries and work time are applied to fourteen and fifteen year olds,51 while children
between sixteen and eighteen years old may work with less freedom than adults but fewer
restrictions than younger children.52
Safe harbor laws are a new addition to the range of laws affecting child trafficking
victims.53 Only fifteen states currently have enacted these laws, which reinforce the TVPA’s
direction to not prosecute trafficking victims by extending the federal provision in a more
intentional way to the state level.54 The Illinois statute applies to investigations of forced
servitude and labor trafficking and specifically mentions “any ‘streetgang related’ or ‘
gang-related’ felony.”55 The application of these laws to any non-sex trafficking gang servitude
investigations or prosecutions is yet to be tested.
B. Trafficking Victim Culpability in Recent Case Law
On June 21, 2013, the United Kingdom Court of Appeal, in England and Wales, reversed
the convictions of three minors and one adult who had been convicted of crimes while they were
victims of human trafficking.56 In addition to their own national laws, the justices relied
particularly on European Union,57 Council of Europe,58 and United Nations instruments59 in
analyzing whether the convictions could or should be appealed. Each minor defendant was a
foreign national working for a gang and made to grow marijuana.60 These cases revolved
primarily around issues of age determination for the defendant youths as well as determining
“reasonable grounds” that indicated that the youth had been trafficked.61 However, the justices
also discussed the relation between victimization and perpetration.62
The question of whether a child should be prosecuted for a crime that was allegedly
induced by trafficking, according to the Court of Appeal, is fact-specific.63 After the child is
determined to be a trafficked minor, the next crucial question is “the extent to which the crime
alleged against him was consequent on and integral to the exploitation of which he was the
49 29 C.F.R. § 570.31.
50 29 C.F.R. § 570.33(j).
51 29 C.F.R. §§ 570.31–570.39, 570.70–570.72.
52 29 C.F.R. §§ 570.50–570.68.
53 Johnson, supra note 1, at 186–88; Crile, supra note 12, at 1818–24.
542014 State Ratings on Human Trafficking Laws, POLARIS PROJECT (2014),
http://www.polarisproject.org/storage/2014SRM_pamphlet_download.pdf (including states: Connecticut, Delaware, Hawaii, Illinois,
Louisiana, Minnesota, Mississippi, New Jersey, Ohio, Pennsylvania, Vermont, and Washington); Crile, supra note 12, at 1791–92,
1798–1806 (discussing federal preemption of state laws criminalizing child prostitution).
55 720 ILL. COMP. STAT. ANN. 5/14-3(g) (West 2015).
56 L., H.V.N., T.H.N., & T. v. R,  EWCA (Crim) 991 , – (U.K.) (describing the three juvenile cases).
57 Id. at – (citing Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on Preventing and
Combating Trafficking in Human Beings and Protecting Its Victims and Replacing Council Framework Decision 2002/629/JHA, recs.
8, 14, art. 8, 2011 O.J. (L 101/1–101/11)).
58 Id. at , – (citing Council of Europe Convention on Action Against Trafficking in Human Beings arts. 10, 26, opened for
signature May 16, 2005, C.E. T.S. No. 197 (entered into force Feb. 1, 2008).
59 Id. at  (noting that the European Union Directive 2011/36/EU on Preventing and Combating Trafficking in Human Beings and
Protecting its Victims requires that “the child’s best interest must be of primary consideration, in accordance with the Charter of
Fundamental Rights of the European Union and the 1989 United Nations Convention on the Rights of the Child”).
60 Id. at –, , –.
61 Id. at .
62 Id. at , , .