Library for Lawyers

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.”

George Washington Law Review

“If You Have a Zero-Tolerance Policy, Why Aren’t You Doing Anything?”: Using the Uniform Code of Military Justice to Combat Human Trafficking Abroad

B. Warren — June 2012

Addresses significant jurisdictional, evidentiary, motivational hurdles to application of U.S. Government’s “zero-tolerance” human trafficking policy to crimes committed by civilian contractors abroad; argues that reliance on international or host-nation laws would be ineffective to combat human trafficking offenses committed by civilian contractors abroad; proposes an amendment to the Uniform Code of Military Justice that explicitly makes human trafficking an offense.

Additional Relevant Link:

Cardozo Journal of Law & Gender

“Male” Order Brides and International Marriage Brokers: The Costly Industry that Facilitates Sex Trafficking, Prostitution, and Involuntary Servitude, 18 Cardozo Journal of Law & Gender 1

C. Bowes — 2011

Discusses the exploitative nature of International Mail-Order Brides (IMB); reviews potential civil and criminal remedies; explores proposed legislative solutions, including prosecution of IMBs and consumer-husbands, increasing sanctions in the international community for failing to regulate the industry, and removing the two-year conditional residency requirement for foreign brides; concludes that IMBs are a vehicle used to perpetrate modern-day slavery, sex trafficking, and business of selling women; advocates abolishment of IMBs in their entirety.

Cardozo Journal of Law & Gender

“U” Stands for Underutilization: The U Visa’s Vulnerability for Underuse in the Sex Trafficking Context, 18 Cardozo Journal of Law & Gender 449

E. Bistricer — 2012

Attributes the T Visa’s ineffectiveness to its regulations’ focus on evaluating whether the trafficking victim will provide sufficient assistance to law enforcement in prosecuting a trafficker; discusses the U Visa’s potential as a more promising form of assistance based on its broader application and easier qualifying standards; advocates for decriminalization of sex trafficking victims.

Regent University Law Review

A Legislative Framework for Combating Domestic Minor Sex Trafficking

L. Smith, S. Vardaman — 2010-2011

Argues state laws must be as comprehensive/severe in penalties as federal law to advance a full criminal deterrence program, avoid migration of the crime to more lenient states, and solve the problem of identifying victims of this crime; supports: (1) Legislation specifying that minors under 18 years of age exploited through commercial sex acts are per se trafficking victims; (2) Elimination or restriction of accused traffickers’ mistake-of-age defense; (3) Elimination of proof of force, fraud, or coercion in domestic minor sex trafficking cases; (4) facilitator liability for criminally assisting or benefiting from trafficking; (5) decriminalization of prostituted juveniles; (6) Identification of domestic sex trafficked minors as victims for purposes of crime victims’ compensation; (7) Legislation enhancing law enforcement/criminal justice tools in domestic minor sexual exploitation investigations/prosecutions.

American University Law Review

A Minor Conflict: Why the Objectives of Federal Sex Trafficking Legislation Preempt the Enforcement of State Prostitution Laws Against Minors

S. Crile — 2012

Discusses the dichotomy between federal law, which views prostituted children as victims, and many states’ laws, which treat them as criminals; argues that the doctrine of federal preemption provides a framework for resolving the tension between federal and state law; concludes that the federal Trafficking Victims Protection Act (TVPA) preempts states’ enforcement of criminal prostitution against minors.