| (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, "trafficked" means enticing, luring,
recruiting, harboring, transporting, enslaving, selling, or holding
captive a child for sexual conduct specified in Penal Code §20A.02(a)(7).
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. The definition of sex trafficking is met even if it appears
that the child is in agreement with the conduct or 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
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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