Federal Human Trafficking Laws
The hallmark piece of legislation influencing the human trafficking field in the United States is the Trafficking Victims Protection Act (TVPA). Passed in the year 2000, the TVPA was the first federal law to address the issue of human trafficking. Passed in 2000, the TVPA was aimed to holistically address human trafficking.
The TVPA and its subsequent reauthorizations, defines human trafficking as a crime involving the exploitation of someone for compelled labor or a commercial sex act through the use of force, fraud, or coercion. When a person under the age of 18 is induced to perform a commercial sex act, it is a crime regardless of whether there is force, fraud, or coercion. This standard informs many state laws about human trafficking, including Colorado.
Since its passage in 2000, the TVPA has been reauthorized multiple times, and is up for re-authorization as of May 2023. Both the House and Senate have passed versions of the Trafficking Victims Protection Reauthorization Act of 2017 (TVPRA).
Colorado Human Trafficking Laws
In addition to establishing the Colorado Human Trafficking Council, House Bill 14-1273 (PDF) changed Colorado criminal statutes on human trafficking to align more closely with federal human trafficking laws. A key difference between state and federal law is that Colorado law focuses on the legal definition of coercion, but note that force and fraud are contained in Colorado’s broad definition of coercion, underscoring the importance of these terms. Like federal law, sex trafficking cases involving minor victims do not require prosecutors to prove coercion to demonstrate to a jury that an individual is a trafficking victim
Human Trafficking Related Legislation From Past Legislative Sessions
- 2023 Legislative Session
SB23-074 (PDF) - Concerning the continuation of human trafficking prevention training
SB23-075 (PDF) - Concerning the deletion of children's identifying information from criminal justice records released to the public if the child was a victim of certain sexual offenses
SB23-231 (PDF) - Concerning the disbursement of money in the wage theft enforcement fund to employees after an employer fails to make payments determined to be owed to the employees
HB23-1043 (PDF) - Concerning the safety of children and youth by requiring background checks on adults when a child or youth is placed out of the home
HB23-1278 (PDF) - Concerning the requirement of county clerks and recorders who permit parties to a proposed marriage or civil union to complete a training developed by the human trafficking council
HB23-1283 (PDF) - Concerning the transfer of the Colorado refugee services program to the office of new Americans in the department of labor and employment, which includes immigrant victims of trafficking
- 2022 Legislative Session
SB22-043 (PDF) - Concerning the enhancement of restitution services for victims
SB22-049 (PDF) - Concerning an update to the "Victim Rights Act" to ensure all victims of crimes have their rights upheld throughout the criminal justice process
SB22-099 (PDF) - Concerning the sealing of criminal records for nonviolent offenses
SB22-150 (PDF) - Concerning responding to the missing indigenous persons crisis
HB22-1288 (PDF) - Concerning increasing access to assistance for victims by providing immunity from prosecution for the offense of prostitution
HB22-1300 (PDF) - Concerning the adoption of local ordinances to prevent human trafficking-related offenses in illicit massage business
SB22-161 (PDF) - Concerning updates to laws pertaining to the payment of wages, employee misclassification, and workplace safety, as well as the enforcement procedures and remedies for violations of those laws
- 2021 Legislative Session
SB21-073 (PDF) - Concerning the statute of limitations applicable to actions alleging sexual misconduct
HB21-1287 (PDF) - Concerning a requirement for staff members who carry out duties on behalf of the county clerk and recorder to complete training developed by the human trafficking council concerning human trafficking in Colorado
- 2020 Legislative Session
Due to the COVID pandemic, the legislative session had a long pause and only a handful of bills were considered by the General Assembly
- 2019 Legislative Session
SB19-149 (PDF) - Concerning the continuation of the Colorado human trafficking council
SB19-185 (PDF) - Concerning protections for minor human trafficking victims.
HB19-1051 (PDF) - Concerning human trafficking prevention training by the department of public safety
HB19-1267 (PDF) - Concerning criminal offenses for failure to pay wages, implementing recommendations from the Colorado human trafficking council
- 2017 Legislative Session
HB17-1040 (PDF) - Concerning authorizing the interception of communication relating to a crime of human trafficking
HB17-1072 (PDF) - Concerning human trafficking for sexual servitude
HB17-1172 (PDF) - Concerning criminal penalties for persons who commit human trafficking of a minor for sexual servitude
- 2016 Legislative Session
HB16-1320 (PDF) - The regulation of massage therapy to modify practices that are linked to criminal behavior
SB16-110 (PDF) - Protecting the privacy of child victims when releasing criminal justice records
HB16-1224 (PDF) - Concerning child abuse involving Human Trafficking of minors