With its many highways, truck stops, and bus stations, and its proximity to major cities like Baltimore, New York, Philadelphia, and Washington, D.C., Maryland has been referred to as “a ‘goldmine’ for human trafficking” by both victims and traffickers.[1] Indeed, hundreds of adults and children are trafficked for sex and labor within the state each year.[2] Between 2013 and 2020, Maryland Child Protective Services received over 671 reports of suspected child sex trafficking.[3] Even more startling, however, is that Maryland law enforcement arrested and charged 102 child sex trafficking victims with prostitution between 2010 and 2017.^[4]

Despite advocates’ calls for Maryland to recognize that “children engaged in commercial sex” can never be prostitutes,[5] minors can be arrested and criminally charged with prostitution under current law.[6] Maryland law also provides that child trafficking victims may face criminal prosecution for crimes “committed as a result of their trafficking victimization,”[7] such as truancy, trespassing, burglary, and drug possession.[8] Shared Hope International, an organization dedicated to combatting child sex trafficking, gave Maryland a grade of “F” for its criminal provisions,[9] and ranked Maryland among the states with the weakest responses to child trafficking and the least effective protections for victims.[10] Fortunately, the Maryland legislature has presented Governor Wes Moore with a “Safe Harbor”[11] bill that would eliminate Maryland’s trend of criminalizing child trafficking victims.[12]

Maryland Senate Bill 292 (“S.B. 292”), if enacted,[13] would prohibit criminal prosecution of a minor for a “qualifying offense” if the minor committed the offense “as a direct result of being a victim of . . . trafficking.”[14] The proposed law specifies twenty-six “qualifying offenses” for which a child trafficking victim cannot be arrested or prosecuted, including prostitution, drug possession, fourth-degree burglary, trespassing, misdemeanor theft, possession or use of a fake ID, and making a false statement to a police officer.[15] S.B. 292 also requires law enforcement officers to notify local child welfare agencies if they suspect a child is a trafficking victim and release the child to their parents or guardian “if it is safe and appropriate to do so.”[16]  

In testimony submitted in support of the bill, the Maryland Office of the Public Defender (“OPD”) explained that it has represented many child trafficking victims that do not seek help because they fear not only retaliation from their traffickers, but also being detained by law enforcement.[17] The OPD further noted that while Maryland’s policy of “locking [victims] up ‘for their own safety’” is motivated by well-founded fears that victims will run away and return to their traffickers, this response does more harm than good.[18] Thus, S.B. 292 “is a vital piece of legislation” for ending “the plight of child . . . trafficking victims” in Maryland.[19]

---

Lindsay Keough is a third-year day student at the University of Baltimore School of Law and an Associate Editor for Law Forum. Lindsay received a Bachelor of Arts degree in psychology and a minor in Spanish language and culture from the University of Maryland, College Park. In the past, she has worked as a law clerk at the Law Offices of Elsa W. Smith, LLC in Annapolis and the Office of the State’s Attorney for Anne Arundel County. Last semester, she practiced as a Rule 19 Student Attorney at the Baltimore City State’s Attorney’s Office as part of the Criminal Practice Clinic. Upon graduation, Lindsay will serve as a Judicial Law Clerk for the Honorable Judge Donna M. Schaeffer in the Circuit Court for Anne Arundel County. She hopes to pursue a career in criminal law.

Read more: Maryland to Become a Safe Harbor for Child Trafficking Survivors

[1] Human Trafficking in Maryland, Md. Hum. Trafficking Task Force, http://www.mdhumantrafficking.org/maryland (last visited Apr. 9, 2023).

[2] See Amelia Rubenstein, Data on Human Trafficking in Maryland, Univ. Md. SAFE Ctr. for Hum. Trafficking Survivors, https://static1.squarespace.com/static/53d105bae4b009be345a11ba/t/607604b13a440767d6a681d7/1618347185527/Maryland+HT+Stats+Updated+1.21.20.pdf (Jan. 19, 2021).

[3] Id.

[4] Id.

[5] See Criminal Law – Victims of Child Sex Trafficking and Human Trafficking – Safe Harbor and Service Response: Hearing on S.B. 292 Before the S. Comm. on Jud. Proc., 2023 Leg., Reg. Sess. (Md. 2023) (testimony of Sidney E. McCoy, Dir. of Advoc., Shared Hope Int’l), https://mgaleg.maryland.gov/cmte_testimony/2023/jpr/13378_02132023_153719-550.pdf [hereinafter Hearings].

[6] Md. Code Ann., Crim. Law § 11-303 (2019); 2022 Report Cards on Child & Youth Sex Trafficking: Analysis Report Maryland, Shared Hope Int’l 1, 6 (2022), https://reportcards.sharedhope.org/wp-content/uploads/2022/10/2022-State-Analysis-MD.pdf [hereinafter Analysis Report Maryland].

[7] Analysis Report Maryland, supra note 6, at 7.

[8] Hearings, supra note 5 (testimony of Univ. Balt. Sch. of L., Hum. Trafficking Prevention Project).

[9] See Maryland Report Card, Shared Hope Int’l, https://reportcards.sharedhope.org/year2022/maryland/ (last visited Apr. 20, 2023).

[10] See Report Cards on Child & Youth Sex Trafficking: 2022 Toolkit, Shared Hope Int’l 1, 32, 40-43 (2021), https://reportcards.sharedhope.org/wp-content/uploads/2022/10/SHI_2022Toolkit.pdf.

[11] Id. at 11 (“This term refers to a law that protects victims from a punitive response and directs them toward restorative and protective services. This term includes non-criminalization.”).

[12] S.B. 292, 2023 Leg., Reg. Sess. (Md. 2023).

[13] On April 5, 2023, S.B. 292 was passed by the Maryland General Assembly and sent to Governor Wes Moore for his approval. SB0292, Md. Gen. Assemb., https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0292 (Apr. 10, 2023, 12:44 PM). If signed by Governor Moore, S.B. 292 will become law and will take effect on October 1, 2023. See The Legislative Process: How a Bill Becomes a Law, Md. State Archives (Sept. 14, 2022), https://msa.maryland.gov/msa/mdmanual/07leg/html/proc.html; S.B. 292, 2023 Leg., Reg. Sess. (Md. 2023).

[14] S.B. 292, 2023 Leg., Reg. Sess. (Md. 2023).

[15] Id.

[16] Id.

[17] Hearings, supra note 5 (testimony of Md. Off. of the Pub. Def.).

[18] Id. (“Secure detention exposes youth to violence, exacerbates mental health issues, interrupts education, and leads to recidivism.”). 

[19] Hearings, supra note 5 (testimony of Sidney E. McCoy, Dir. of Advoc., Shared Hope Int’l).