Ashley Lewis

April 25, 2016

Legislative Fellows Research Project

Statute of Limitations for Human Trafficking Crimes

Human trafficking occurs one or more individuals are controlled and exploited for
a profit. In 2012, the National Conference of State Legislatures (NCSL) concluded that
the criminalization of sex trafficking has been the most actively legislated trafficking
issue, with more than 42 new laws in 32 states creating or modifying these provisions.1

Federal There is no statute of limitations on human trafficking at the federal level.

States All 50 states have enacted human trafficking laws, but there are significant
differences in the statute and policies between jurisdictions. Some states do have statute
of limitations in place, but they are often tolled. Tolling is the suspension of a statute of
limitation for a period of time, and it is beneficial in that it provides child victims and
prosecutors with more time to bring a case.2

Kentucky, South Carolina, Texas, West Virginia, and Wyoming

No statute of limitations for any criminal act.

Mississippi and Alabama

No statute of limitations for first or second degree human trafficking crimes.

Michigan Best practice state.

Michigan has been deemed a leader in prosecuting trafficking and supporting victims.
The 2014 Michigan Human Trafficking Legislative Package included legislation to:
Eliminate the statute of limitations for child victims. (SB 584)
Extend the statute of limitations to 10 years for adult victims.

California Top destination for human traffickers.

In 2015, the state expanded its statute of limitations for human trafficking crimes to:
7 years for adult victims (was previously 5 years)
10 years for child victims

Pennsylvania
Up to age 30 for crimes committed against a minor.3
5 years for adult victims

1
http://www.ncsl.org/Documents/CJ/RecentTrendsInHumanTrafficking.pdf
2
http://renewalforum.org/wp-content/uploads/Human-Trafficking-Statute-of-Limitations-Report.pdf
3
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=30
Ashley Lewis
April 25, 2016
Legislative Fellows Research Project

Recent Legislation to Extend and/or Eliminate the Statute of Limitations for Human
Trafficking Crimes

Washington

SB 5030
Introduced: 1/10/17
Status: Passed both chambers; delivered to Governor on 1/19/17

Extends the statute of limitations for commercial sexual abuse of a minor to the
victim's 30th birthday.
Extends the statute of limitations for adult human trafficking to 10 years.

HB 1115 http://app.leg.wa.gov/billsummary?BillNumber=1155&Year=2017
Introduced: 1/12/17
Status: In the Senate
Eliminates the statute of limitations for sex crimes committed against a minor;
includes acts of human trafficking

Maryland HB 276 http://mgaleg.maryland.gov/2017RS/bills/hb/hb0276f.pdf

Introduced: 1/23/17
Status: In the House

This bill extends the statute of limitations for adult human trafficking from 3 years to
10 years.

Pennsylvania HB 1947 http://www.ronmarsico.com/NewsItem.aspx?NewsID=265957

Introduced: 4/4/16
Died in committee 6/30/16

This bill eliminates the statute of limitations for childhood sexual abuse crimes,
including human trafficking.

**PA Rep. Ron Marsico released a statement on 2/1/17 stating his plan to propose this bill
again this session.4

New Jersey A 2419 http://www.njleg.state.nj.us/2014/Bills/A2500/2419_I1.PDF

Introduced: 2/6/14
Died in committee.

This bill eliminates the statute of limitations for human trafficking crimes.

4 http://www.ronmarsico.com/NewsItem.aspx?NewsID=265957
Ashley Lewis
April 25, 2016
Legislative Fellows Research Project

Recommendations

Advocates for victims of human trafficking argue that every state should follow
the lead of the federal government and eliminate any statute of limitation for the
prosecution of sex trafficking.

The problem with having a statute of limitationis the fact that, due to past
physical and emotional abuse by traffickers, victims are emotionally scarred and
often delay coming forward to law enforcement.5

5
The Renewal Forum is a non-profit organization dedicated to the abolition of human trafficking in the
United States, particularly the commercial sexual exploitation of juveniles.
http://renewalforum.org/wp-content/uploads/Human-Trafficking-Statute-of-Limitations-Report.pdf