GEORGIA Laws addressing human trafficking

O.C.G.A. § 16-5-46.  Trafficking of persons for labor or sexual servitude.

Georgia law prohibits and severely criminalizes the trafficking of persons for labor or sexual servitude, which also includes enhanced penalties for the trafficking of minors.  The code section provides comprehensive definitions, authority, and well-defined penalties to empower district attorneys in prosecuting human traffickers. 

O.C.G.A. § 16-6-13.3.  Proceeds from pimping; forfeiture; distribution.

When any of the persons involved in performing an act of prostitution is under the age of 18, any money that is used in any manner to facilitate or is derived from pimping shall be confiscated and forfeited.  At least 50% of all such money section forfeited under this code section shall be distributed to local or state-wide programs serving the victimized children of trafficking.

O.C.G.A. § 16-14-3(9)(A)(xxix).  [Racketeer Influenced and Corrupt Organization] Definitions.

This code section defines racketeering, among other things, to include sexual slavery and trafficking of children.

O.C.G.A. § 35-1-16.  Training law enforcement officers investigating crimes involving trafficking persons for labor or sexual servitude 

(a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in:

(1) Methods for identifying, combating, and reporting incidents where a person has been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46;

(2) Methods for providing proper detention facilities or alternatives to detention facilities for persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46, including providing information on therapeutic facilities for such persons; and

(3) Methods for assisting persons who have been trafficked for labor or sexual servitude, as such terms are defined in Code Section 16-5-46, including providing information on social service organizations available to assist such person.

(a) The guidelines and procedures listed in subsection

(b) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.

This Code Section requires law enforcement officers to be trained in the identifying, combatting, and reporting of child sex trafficking.  This section also requires training for officers to know how to properly assist the victims of child sex trafficking, including providing information on therapeutic facilities and social service organizations.

O.C.G.A. § 16-5-47.  Posting model notice with human trafficking hotline information in businesses and on Internet; termination.

This law requires certain businesses and establishments (including (1) Adult entertainment establishments; (2) Bars; (3) Primary airports; (4) Passenger rail or light rail stations; (5) Bus stations; (6) Truck stops; (7) Emergency rooms within general acute care hospitals; (8) Urgent care centers; (9) Farm labor contractors and day haulers; (10) Privately operated job recruitment centers; (11) Safety rest areas located along interstate highways in this state; (12) Hotels; and (13) Businesses and establishments that offer massage or bodywork services by a person) to post a notice to enable persons who are the subject of human trafficking to obtain help and services.  The law also directs the Georgia Bureau of Investigation to post a model notice on its website.

O.C.G.A. § 17-17-6.  Notification to victim of accused's pretrial release and of victims' rights and the availability of victims' compensation and services.

Upon initial contact with a victim of sexual trafficking, all law enforcement and court personnel shall make available to the victim information regarding the possibility of pretrial release of the accused, the victim's rights and role in the stages of the criminal justice process, and the means by which additional information about these stages can be obtained.  In addition, the victim shall be notified about the availability of community based victim service programs and victim compensation available through the federal government.

O.C.G.A. § 15-11-32.  Modification or vacation of orders; retroactive application.

This code section provides courts with the discretion to modify or vacate a child’s criminal record if that child was adjudicated for a delinquent act for a sexual crime and that crime resulted from that child being trafficked for sexual servitude in violation or was a victim of sexual exploitation.