HB408 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.

Children

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: K. Williams
Last action: 2026-06-30
Official status: Passed 6/30/26
Effective date: Not listed

Plain English Breakdown

The effective date is listed as empty in the official metadata; therefore, when this law begins cannot be confirmed from the provided text.

HB408: Changes to Laws on Human Trafficking in Delaware

This bill changes Delaware laws so that any minor involved in commercial sex is treated as a trafficking victim, even if no third party like a pimp is present.

What This Bill Does

Updates the definition of child sex trafficking to match federal law under the Trafficking Victims Protection Act of 2000.
Makes it an offense for anyone to obtain or purchase a minor for commercial sexual activity, regardless of whether a third party is involved.
Removes the legal defense that a victim consented if they are a minor in cases involving minors and commercial sex acts.
Sets penalties so crimes where the individual is a minor become Class B felonies instead of lower classes.
Makes technical corrections to existing laws to follow state drafting standards.

Who It Names or Affects

Minors who engage in or are involved with commercial sexual activity
People who recruit, transport, obtain, purchase, or maintain individuals for forced labor or sex work
Buyers of commercial sexual services involving minors

Terms To Know

Commercial Sexual Activity: Sexual acts performed in exchange for money or other things of value.
Trafficking an Individual: Recruiting, transporting, harboring, obtaining, purchasing, maintaining, advertising, soliciting, making available, or enticing a person to force them into labor or sexual servitude.
Sexual Servitude: Maintaining or making a minor available for commercial sex acts, or using coercion or deception to compel an adult to engage in such activity.

Limits and Unknowns

The official text does not state the specific date this law will take effect.
While the bill states minors identified as victims will gain access to resources, it does not list which specific federal or state programs are available.

Bill History

2026-06-30 Delaware General Assembly
Passed By Senate. Votes: 20 YES 1 ABSENT
2026-06-24 Delaware General Assembly
Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
2026-06-09 Delaware General Assembly
Passed By House. Votes: 35 YES 1 NO 5 ABSENT
2026-06-09 Delaware General Assembly
Assigned to Judiciary Committee in Senate
2026-05-20 Delaware General Assembly
Reported Out of Committee (Judiciary) in House with 3 Favorable, 4 On Its Merits
2026-05-07 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.
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.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Williams & Rep. Griffith & Sen. Poore

Reps. Phillips, Romer

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 408

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TRAFFICKING AN INDIVIDUAL, FORCED LABOR AND SEXUAL SERVITUDE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 787, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 787. Trafficking an individual, forced labor and sexual servitude; class D felony; class C felony; class B felony; class A felony.

(b)

Prohibited activities. —

(1)

Trafficking an individual. —

A person is guilty of trafficking an individual if the person knowingly recruits, transports,

transfers,

harbors, receives, provides, obtains,

purchases,

isolates, maintains, advertises, solicits,

makes available,

or entices an individual in furtherance of forced labor in violation of paragraph (b)(2) of this section or sexual servitude in violation of paragraph (b)(3) of this section. Trafficking an individual is a class C felony unless the individual is a minor, in which case it is a class B felony.

(3)

Sexual servitude. —

a. A person commits the offense of sexual servitude if the person knowingly

does any of the following

:

1.

Maintains or makes available a minor for the purpose of engaging the minor in commercial sexual activity; or

Recruits, transports, transfers, harbors, receives, provides, obtains, purchases, isolates, maintains, advertises, solicits, makes available, or entices a minor for the purpose of commercial sexual activity.

2. Uses coercion or deception to compel an adult to engage in commercial sexual activity.

b. Sexual servitude is a class C felony unless the individual is a minor, in which case it is a class B felony.

c. It is not a defense in a prosecution under paragraph (b)(3)a.1. of this section that the minor

consented

purported to consent

to engage in commercial sexual activity or that the defendant believed the minor was an adult.

(4)

Patronizing a victim of sexual servitude. —

a.

A person is guilty of patronizing a victim of sexual servitude if the person knowingly gives, agrees to give, or offers to give anything of value so that the person may engage in commercial sexual activity with another person and the person knows that the other person is a victim of sexual servitude.

b.

Patronizing a victim of sexual servitude is a class D felony unless the victim of sexual servitude is a minor, in which case it is a class C felony.

c.

It is not a defense in a prosecution when the victim of sexual servitude is a minor that the minor

consented

purported to consent

to engage in commercial sexual activity or that the defendant believed the minor was an adult.

SYNOPSIS

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.