Texas

Additional Resources

In re Matter of B.W., 313 S.W.3d 818, 826 (Tex. 2010).

• The court held that a minor under the age of 14 cannot consent to sex and therefore cannot be charged with the offense of prostitution. The court further reasoned that children are victims, not perpetrators, of child prostitution.

TEX. FAM. CODE ANN. § 54.04 (2023); TEX. FAM. CODE ANN. §54.0326(b) (2023).

• A court may transfer a case involving a child sex trafficking victim to a juvenile court or alternative juvenile court.
• Juvenile courts may also defer adjudication proceedings until the minor turns 18 and require a child to participate in a Trafficked persons program, if the minor: (1) is alleged to have engaged in delinquent conduct or CINS and may be a victim of trafficking; and (2) presents to the court an oral or written request to participate in the program.

TEX. FAM. CODE ANN. § 51.03 (2023); TEX. FAM. CODE ANN. §54.04(o) (2023).

• Engagement in commercial sex is “conduct indicating a need for supervision” (CINS).
• Minors adjudicated under a CINS petition cannot be confined in a post-adjudication secure facility, unlike delinquency adjudications.
• A court may require a child adjudicated to have engaged in delinquent conduct or CINS and who is believed to be a victim of an offense of trafficking to participate in a trafficked persons program.

TEX. FAM. CODE ANN. § 54.04012(d) (2023).

• Following a minor’s successful completion of a trafficked person’s program, the court may order the sealing of the records of a case where a minor was adjudicated to have engaged in delinquent conduct or CINS and who is believed to be a victim of an offense of trafficking of persons.

TEX. GOV’T CODE §§ 411.0728(a), (b) (2024).

• Individuals convicted of or placed on deferred adjudication community supervision for prostitution offenses may petition for an OND if the offense was committed “solely” as the result of their being a victim of human trafficking.