| (a) Sex trafficking is a subset of the statutory definitions
of abuse that appear in Texas Family Code §261.001(1) and includes
the following acts or omissions by a person:
(1) Knowingly causing, permitting, encouraging, engaging
in, or allowing a child to be trafficked in a manner punishable as
an offense under §20A.02(a)(7) or (8), Penal Code; or
(2) The failure to make a reasonable effort to prevent
a child from being trafficked in a manner punishable as an offense
under §20A.02(a)(7) or (8), Penal Code.
(b) In this section "sex trafficking" means enticing,
luring, recruiting, harboring, transporting, enslaving, selling, or
holding captive a child for sexual conduct specified in §20A.02(a)(7),
Penal Code. It involves giving or receiving monetary or nonmonetary
remuneration, including the child's sexual services, and a pervasive
loss of freedom for the child.
(c) Sex trafficking does not require force, fraud,
or coercion and occurs even if it appears that the child is in agreement
with the conduct or the child does not consider herself or himself
to be a victim of sex trafficking.
(d) When determining whether a child is a victim of
sex trafficking, we evaluate the totality of circumstances, including
but not limited to evidence that the child is being controlled by
threats of deportation or physical or other types of harm to the child
or the child's family; evidence of withholding or destroying of the
child's legal documents; causing the child or child's family to become
indebted to the trafficker; restricting the child's movement, communication,
or ability to live a normal life; or using physical, verbal, or other
types of intimidation or manipulation to cause the child to feel helpless
or in fear of the trafficker.
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