Library for Judiciary

Laws of Florida

Florida HB 7005/Chapter No. 2013-212: Massage Establishments

Enacted June 17, 2013; Effective Date October 1, 2013

Amends Massage Practice Act to create additional prohibitions designed to curb illegal activity in massage establishments by making it a first degree misdemeanor to: (1) operate certain massage establishments between the hours of midnight and 5:00 a.m.; or (2) use or permit certain such establishments to be used as a principle domicile unless the establishment is zoned for residential use under local ordinance.

Queens County, New York Criminal Court

People v. L.G., 2013 N.Y. Slip Op 23276 (Queens County, NYC Criminal Court, July 12, 2013) (Serita, J.)

Hon. Toko Serita, New York City Criminal Court, Queens County — July 12, 2013

“[T]he only disputed issue in this case is whether defendant’s conviction for a non-prostitution offense which was the direct result of her having been forced into sex trafficking may be vacated under CPL 440.10 (1) (i)… . [D]efense counsel notes that LG possessed a pocketknife to protect herself against unpredictable and potentially violent situations involving “johns,” and was told to do so by her trafficker… . [T]his court holds that LG’s conviction for possession of a weapon in the fourth degree falls within the ambit of the vacatur statute because her participation in that offense was undeniably connected to the coerced trafficking activity which led to her arrest on prostitution-related charges and should therefore be vacated.”

U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement

About Human Trafficking, prepared for Office of the Assistant Secretary for Planning and Evaluation (ASPE)

Discusses: (1) Overview of Human Trafficking Issue; (2) Victim Identification and Public Awareness; (3) Assistance for Victims of Human Trafficking; (4) Certification and Eligibility Letters; (5) Trafficking Victim Assistance Program; (6) National Human Trafficking Resource Center.

Supreme Court of the United States

Agency for International Development v. Alliance for Open Society International, Inc., No. 12-10, 570 U.S. ___ (2013)

June 20, 2013

“The Policy Requirement mandates that recipients of Leadership Act funds explicitly agree with the Govern­ment’s policy to oppose prostitution and sex trafficking. It is, however, a basic First Amendment principle that ‘free­dom of speech prohibits the government from telling peo­ple what they must say.’” Held: “The Policy Requirement violates the First Amendment by com­pelling as a condition of federal funding the affirmation of a belief that by its nature cannot be confined within the scope of the Government program.”

Laws of Alaska

Alaska Senate Bill 22

July 1, 2013

(1) Commencement of actions for felony sex and human trafficking; (2) Forfeiture for certain crimes involving prostitution; (3) Interception of private communications for human/sex trafficking offenses; (4) Use of evidence of sexual conduct concerning victims; (5) Consideration at sentencing of effect of a crime on the victim; (6) Definition of “sex offense” for sex offender registration; (7) Violent crimes compensation; (9) Rights of sexual assault victims to legal/equitable remedies for injuries from the perpetrator’s conduct; (10) Definition of “sexual assault” for adoption and termination of parental rights; (11) Protective orders; (12) Subpoena power in cases involving use of Internet service accounts.

Laws of Arkansas

Arkansas House Bill 1203

Enacted February 19, 2013

(1) Creates felony offenses of “trafficking in persons” and trafficking of minors, defined as persons under age 18; (2) Eliminates defense in trafficking prosecution that defendant “did not have knowledge of a victim’s age or mistakenly believed a victim was not a minor;” (3) Creates affirmative defense that defendant engaged in prostitution-related offense as a result of being a trafficking victim; (4) Creates civil cause of action for trafficking victims to recover compensatory and punitive damages, injunctive relief, attorneys’ fees, and tolls statute of limitations. Topics: Arkansas, State Legislation, Definition, Sex Trafficking, Children, Minors, Law Enforcement, Crime, Prevention, Prosecution, Evidence, Affirmative Defense, Victim Remedies, Civil Litigation/Civil Remedies

U.S. District Court for the District of New Jersey

Backpage.com, LLC v. Hoffman, No. 13-cv-03952, (D.N.J. August 20, 2013)

Hon. Dennis Cavanaugh, United States District Court for the District of New Jersey — June 26, 2013

New Jersey’s Human Trafficking Prevention. Protection and Treatment Act creates the crime of “advertising commercial sexual abuse of a minor.” Plaintiffs alleged the Act violates their rights under the Communications Decency Act, because enforcement of the new law would treat them (providers of an interactive computer service) as the publisher or speaker of information provided by another information content provider; they also alleged Constitutional violations. The Court granted a preliminary injunction, holding that the Act is likely preempted by the federal Communications Decency Act and likely violates plaintiffs’ First Amendment and other Constitutional rights. aca