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Marli MacLay

Robbins

Comp 102

10 April 2017

HB 2238: Sex Trafficking

Human trafficking happens when an individual is coerced into labor or a sex act. House

Bill 2238 seeks to strengthen the sentences of people convicted of child sex trafficking. It

outlines the exact qualifications of child prostitution and the minimum and maximum sentences

for each offense violation. House Bill 2238 should be passed in order to maximize sentencing

and therefore discourage sex trafficking.

Sex trafficking is a worldwide problem. ​The International Labor Office​ reports that

victims of involuntary sex acts total more than 4.5 million people; about one million of these

victims are children (“ILO” 13-15). ​The US Department of State recognizes that “victims of sex

trafficking are often lured into enslavement by the promise of a better life or a new opportunity,

only to find themselves trapped in exploitation” (“Trafficking” 10). Children are not immune to

this, and are in fact the most vulnerable victims. The FBI reports that ​the average age of a girl

being forced into sex trafficking is only 13 years old (Walker and Hill). Once a minor enters

trafficking, their life expectancy is shortened. In addition, The Department of State also found

that ​“sex trafficking has devastating consequences for minors, including long-lasting physical

and psychological trauma, disease (including HIV/AIDS), drug addiction, unwanted pregnancy,

malnutrition, social ostracism, and even death” (“Trafficking” 33).

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In addition to child sex buyers, this bill addresses child sex traffickers. Jonathan Tordes

and Michael Baumrind of the ​Georgia Bar Journal​ found that traffickers manipulate people

utilizing compulsion, deceit, and/or intimidation with the intention of using them for their

services and work (13). Typically, the sex traffickers (pimps, family members, etc.) are the only

people who suffer the legal consequences. Melissa Farley and her team acknowledge that,

consumers, often called johns, are being acknowledged as the force propelling the sex trade (7).

Unfortunately, johns, or sex buyers, rarely see repercussions. HB 2238 makes it clear that “A

person who is at least eighteen years of age commits child sex trafficking by knowingly

engaging in prostitution with a minor who is under fifteen years of age” (Arizona). Therefore,

johns would be subject to the same consequences as traffickers.

Sentences for traffickers and johns need to be increased because human trafficking

remains highly lucrative. The primary factors stimulating traffickers are low risk and high

profits. Sentences are relatively short for traffickers, and can often be further reduced by paying

small fines. Prison time is not the only solution to the sex trafficking problem. In fact, Melissa

Farley and her team found that being added to a sex offender registry would deter 89% of buyers

in their studies from purchasing sex, whereas time spent in prison would deter 82% of sex buyers

(37). HB 2238 would require an offender to register if they were found guilty of “child sex

trafficking pursuant to section 13-3212” (Arizona).

This bill would clarify illegal actions and the consequences of breaking the law.

According to Maricopa County Attorney Bill Montgomery, the bill would “make it easier for

folks to understand exactly what the prohibited conduct is [and] referencing exactly which
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provisions the state is seeking to enforce – and the punishments which go along with that” (qtd.

in Cline). Clear laws are crucial in order to effectively prosecute.

Two of the most important federal laws regarding sex trafficking are The Mann Act and

the Federal Trafficking Victims Protection Act (TVPA). ​Shared Hope International​ reports that

the United States established The Mann Act in 1910 to carry prostitution crimes involving

national trade to federal authority. The organization also reports that the TVPA was approved in

2000 and created the basis for our country’s laws on sex trafficking (“Demanding” 15). These

acts have been crucial for the fight against sex trafficking, however, Arizona must do more to

stop sex trafficking. ​Shared Hope International ​also found that, currently, several states lack

commercial sexual exploitation of children laws that are applicable to adults who buy sex with a

minor; typically, penalties fall under prostitution laws rather than sex trafficking laws, leading to

reduced penalties (“Demanding” 28). HB 2238 would prevent this.

The enacting of quality laws at the state and federal level are crucial, but this is only the

beginning. The enforcement of these laws will be the necessary deterrent to eliminating the

demand for commercial sex acts. While it is important for successful laws to be revised and

established, the enforcement of the laws is crucial to achieve positive results. Without

enforcement, laws are of no value. In his presidential speech, Barack Obama proclaimed that

“modern anti-trafficking laws must be passed and enforced and justice systems must be

strengthened” (5). HB 2238 should be not only be passed, but enforced on a daily basis by the

government and even private citizens.

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Works Cited

Arizona House of Representatives, ​Child Sex Trafficking; Violations​, First Regular Session.

2238. 2017, ​Arizona State Legislature​, www.azleg.gov/legtext/53leg/1R/bills/

HB2238S.htm.

Cline, Kathy. “Arizona Bill Would Combine Child Sex Trafficking, Prostitution Statutes.” ​KTAR

News​, Bonneville International, 23 Feb. 2017, ktar.com/story/1469341/arizona-bill-

combine-child-sex-trafficking-prostitution-statutes/.

“Demanding Justice Report 2014.” ​Shared Hope International​, 2014, sharedhope.org/wp-

content/uploads/2014/08/Demanding_Justice_Report_2014.pdf.

Farley, Melissa, et al. “Comparing Sex Buyers with Men Who Don’t Buy Sex.” ​Prostitution

Research & Education​, 15 July 2011, pp. 3-55, prostitutionresearch.com/2011/07/15/

comparing-sex-buyers-and-non-sex-buyers/.

“ILO Global Estimate of Forced Labour: Results and Methodology.” ​International Labour

Office​, 2012, ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/

publication/wcms_182004.pdf.

Obama, Barack H. “Presidential Proclamation- National Slavery and Human Trafficking

Prevention Month, 2017.” ​National Archives and Records Administration​, United States

Government, 28 Dec. 2016, obamawhitehouse.archives.gov/the-press-office/2016/12/28/

presidential-proclamation-national-slavery-and-human-trafficking.

Tordes, Jonathan, and Michael Baumrind. “Human Trafficking: A Global Problem with Local

Impact.” ​Georgia Bar Journal​, State Bar of Georgia, 30 June 2012, pp. 13-15.

digitaleditions.walsworthprintgroup.com/display_article.php?id=1084853.
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“Trafficking in Persons Report.” United States Department of State, June 2012, www.state.gov/

documents/organization/192587.pdf.

Walker-Rodriguez, Amanda, and Rodney Hill. “Human Sex Trafficking.” ​Federal Bureau of

Investigation​, United States of America, Mar. 2011, 20, doi:10.4135/9781412972024.

n1000.