HB 408 DE
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.
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Summary
This act aligns Delaware's child sex trafficking laws with the federal Trafficking Victims Protection Act by redefining who qualifies as a trafficking victim. Under the new law, any minor engaged in commercial sexual activity is recognized as a trafficking victim, regardless of whether a trafficker or controlling third party such as a pimp is involved. The change removes the requirement to prove a third party's involvement in trafficking a minor, focusing instead on the criminal conduct of purchasing or obtaining a minor for commercial sex. By broadening the victim definition, minors in commercial sexual exploitation gain automatic access to federal and state support services for recovery and rehabilitation.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
This Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims. To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsors (4)
- Kimberly Williams Democratic · primary
- Nicole Poore Democratic · primary
- David L. Wilson Republican · primary
- Cyndie Romer Democratic · primary
Action history (6)
- May 7, 2026 Introduced and Assigned to Judiciary Committee in House · lower
- May 20, 2026 Reported Out of Committee (Judiciary) in House with 3 Favorable, 4 On Its Merits · lower
- Jun 9, 2026 Passed By House. Votes: 35 YES 1 NO 5 ABSENT · lower
- Jun 9, 2026 Assigned to Judiciary Committee in Senate · upper
- Jun 24, 2026 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
- Jun 30, 2026 Passed By Senate. Votes: 20 YES 1 ABSENT · upper
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