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Georgia Human Trafficking Laws

Created by FindLaw's team of legal writers and editors | Last reviewed March 02, 2018

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.

Human trafficking is believed to be the third-largest criminal activity in the world and includes forced labor, servitude, and commercial sex trafficking. Georgia human trafficking laws define the forms of servitude that constitute human trafficking, provide penalties for trafficking activities, and establish programs to assist victims. In addition to the state prosecution discussed here there can, and frequently are, potential federal charges for the same crime.

Georgia human trafficking laws define two different kinds of servitude associated with tracking offenses:

  • Labor Servitude - work or service of financial value obtained from a person through coercion or deception.
  • Sexual Servitude - any sexually explicit conduct or performance for which anything of value is given where the conduct was induced or obtained through coercion or deception or the conduct was induced or obtained from a person under the age of 18.

Coercion includes:

  • threatening to expose information that would result in prosecution, hatred, contempt, or ridicule;
  • destroying or hiding someone's passport or other ID;
  • providing drugs to a person for the purpose of compelling them;
  • causing or threatening to cause financial harm or using financial control over a person.

Trafficking offenses include the recruitment, enticement, harboring, transporting, and obtaining of a person for labor or sexual servitude. The following chart provides an overview of human trafficking penalties and protections:

Statute Georgia Code, Title 16, Chapter 5.46
Penalties

Georgia human trafficking laws penalize trafficking activities under several different sections of the Georgia Code, including:

  • Georgia Code Title 16-5.46 trafficking - a felony punishable by 10-20 years in prison, a fine of up to $100,000, or both;
  • Georgia Code Title 16-5.46 trafficking of a minor - a felony punishable by 25-50 years an prison, a fine of up to $100,000, or both;
  • Georgia Code Title 16-5.46 forfeitable property - property is subject to forfeiture in civil forfeiture proceedings;
Additional Protections

Georgia human trafficking laws also provide assistance to victims:

  • Georgia Code Title 15-11.32 allows the court to vacate a child's criminal record where the crime resulted from their sexual exploitation;
  • Georgia Code Title 16-5.47 requires adult entertainment, emergency rooms, farm labor contractors, rest stops, hotels, massage parlors, and other businesses to post a notice informing about trafficking resources;
  • Georgia Code Title 17-17.6 protects the victim's right to know about the accused's possible release and notification upon release;
  • Georgia Code Title 35-1.16 provides for the training of law enforcement officers in the investigation of crimes involving human trafficking.

 

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

To find more information on Georgia human trafficking laws check the following links:

Get Legal Help with Your Human Trafficking Case in Georgia

Georgia human trafficking laws carry severe penalties and prosecutions may include multiple counts, racketeering charges, and civil forfeiture issues. If you're facing human trafficking charges in Georgia, it's a good idea to contact an experienced criminal defense attorney who can help you plan the kinds of complicated defenses necessary in such a situation.

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