Kentucky Law - KRS Chapter 529.00 - 2 Crimes

  • KRS 529.100 – Human Trafficking
  • KRS 529.110 – Promoting Human Trafficking
KY Law is combination of the following (3):
  1. Federal TVPA – see language of FFC
  2. KY Kidnapping Statutes – see meaning of FFC
  3. KY Prostitution Statutes – see division of crime & promotion of crime
KRS 529.00 - Human Trafficking
  • A person is guilty of human trafficking when the person intentionally subjects one (1) or more persons to human trafficking
    • Note intent requirement / knowledge
  • Class C Felony unless victim has serious physical injury, then it is a Class B Felony – AND – if victim is a minor, then it automatically raises level by 1 – i.e, if victim is a minor & has serious physical injury, then stacks to Class A Felony
KRS 529.110 - Promoting Human Trafficking
  • A person is guilty of promoting human trafficking when the person intentionally
    • Profits from trafficking – OR –
    • Recruits, entices, harbors, transports, provides or obtains by any means, or attempts any of the aforementioned, another person, knowing that the person will be subject to human trafficking
    • Note intent requirement / knowledge
  • Class D Felony unless victim is minor, then is Class C.
KRS 529.010 - Definitions
  • KRS 529.010(2) - Sex trafficking where commercial sexual activity is obtained through FFC, unless the victim is a minor, in which there is no need to show FFC
    • Sex trafficking includes prostitution, pornography, or sexually explicit performance. Cannot be for personal services.
  • KRS 529.010(3) - Forced labor or services compelled through FFC
    • Forced labor includes any type of work, but may be most present in domestic servitude, agriculture, hotels, factories and restaurants
    • Also includes personal sexual servitude and servile marriages
Force, Fraud or Coercion in KRS 529.010(4), (5)
  • In KY, FFC can only be shown by the means and methods in the definition of “restrain” in KRS 509.010 – Kidnapping & Related Crimes
  • Includes confinement or movement w/out consent by way of deception, intimidation, physical force or any other means.
KRS 431.063 - Rights of Trafficking Victims
  • Right not to be imprisoned or detained for underlying offenses, unless detention is least restrictive alternative, it is necessary for victim’s safety, or victim poses a threat to community safety.
  • Reason / Purpose – If victim is jailed, then possibly one of the traffickers threats has come true & therefore the trafficker shows his power to the victim & the victim may not cooperate w/ prosecution. Cycle continues & community suffers.
KRS 422.295 - Trafficking Victim Evidentiary Privilege
  • Communications b/t trafficking victim & trafficking counselor are confidential.

Comparisons of State & Federal Law

  • Currently 38 states have enacted anti-trafficking law
  • Definitions of HT are similar in TVPA & KRS
  • TVPA has enhanced penalties, asset forfeiture
  • TVPA has additional crime of document servitude
  • TVPA has immigration & public benefits for victims (U & T visas, certification)

Relationship of State & Federal Law

  • Violations of KY law should also be able to be prosecuted under federal law, if federal agencies (FBI, ICE, Atty Gen) choose to prosecute
  • Victims of HT under KRS should be able to qualify for federal immigration remedies


  • Immigration
    • Continued Presence
      • Short term for trafficking victims who may be witnesses
      • Revocable at any time
      • Request made by federal law enforcement
      • Work authorization & eligible for certification
      • Victim is willing to aid law enforcement
    • T Visa
      • One year & is renewable
      • Max 5,000 / year available – has never met this
      • Requires certification by law enforcement
      • Application can be made abroad, but need local law enforcement cert
      • For victims of severe forms of trafficking
      • Victim must be physically present in US on account of trafficking
      • Must have complied w/ law enforcement requests
      • Access to public benefits like a refugee – food stamps, Medicaid, cash assistance, job placement, etc
      • Work authorization
    • U Visa
      • One year & is renewable
      • Max 10,000 / year – always meets this
      • Possesses information about a qualified crime
      • Must have been or is willing to help law enforcement
    • VAWA (Violence Against Women)
    • SIJV (Special Immigrant Juvenile Visa)
    • Asylum
  • Criminal:
    • Prison time
    • Restrictions
    • Restitution
  • Civil:
    • Trafficking Victim Protection Order / Injunction
    • Employment – FLSA (Fair Labor Standards Act), EEOC, MSAWPA (Migrant & Seasonal Agricultural Worker Protection Act
    • TVPA / TVPRA
    • RICO
    • 13th Am & Involuntary Servitude
    • Tort Claims & ATCA (Alien Tort Claims Act)
    • Breach of K
    • Corporate claims (piercing corporate veil)
    • Title VII – race, religion, national origin, color, sex, pregnancy
    • 1981 – discrimination in K based on race
    • 1985(3) – interfere in civil rights of another