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HB 321

HUMAN TRAFFICKING: Provides relative to victims of human trafficking and prostitution offenses (EN NO IMPACT See Note)

2026 Regular Session Introduced by Mark Abraham and 57 co-sponsors

HB 321 expands victim protections by providing affirmative defenses and exemptions for trafficking victims, and requires specialized services and referrals for adults and minors in

Effective date: 08/01/2026.
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Bill Summary · HB 321

Summary of HB 321 (2026, Louisiana) – Human Trafficking: Victims and Prostitution Offenses

Purpose and Intent

HB 321 amends and reenacts several provisions related to human trafficking, the trafficking of children for sexual purposes, and prostitution offenses. The core aim is to recognize victims of trafficking and provide them with affirmative defenses, exemptions from criminal responsibility or delinquency proceedings, and access to specialized services. The bill also expands references to victims across related offenses and strengthens pathways to victim-support services.

Key Provisions and Changes

  • Affirmative Defenses for Trafficking Victims (Adults and Children)

    • For trafficking victims whose services include commercial sexual activity or a sex offense, the bill retains and expands the existing affirmative defense to prosecution for specified offenses that were committed as a direct result of being trafficked. The offenses listed include:
    • Prostitution (R.S. 14:82)
    • Soliciting for prostitutes (R.S. 14:83)
    • Prostitution by massage (R.S. 14:83.3)
    • Massage; prohibited sexual conduct (R.S. 14:83.4)
    • Crime against nature (R.S. 14:89)
    • Crime against nature by solicitation (R.S. 14:89.2)
    • The bill explicitly adds the offense of soliciting for prostitutes (14:83) to this affirmative defense framework.

  • Trafficking of Children for Sexual Purposes (R.S. 14:46.3)

    • No prosecution for unlawful acts committed as a direct result of being trafficked.
    • Any child engaged in prostitution or prostitution-related offenses is presumed to be a victim of human trafficking.
    • A child victim of trafficking is exempt from criminal responsibility and delinquency proceedings for prostitution-related offenses.
    • Eligible for specialized services for sexually exploited children or victims of trafficking (per 14:46.3(E)).

  • Prostitution-Related Offenses and Affirmative Defenses (Adults and Minors)

    • Prostitution, prostitution involving minors, purchase of commercial sexual activity, soliciting, inciting, promoting prostitution, prostitution by massage, pandering, and related offenses are retained, with expanded references to trafficking-victim status.
    • Children identified as trafficking victims receive referrals to specialized services for sexually exploited children or trafficking victims.
    • For adults, there is a requirement to notify them of available specialized services for trafficking victims or sexually exploited persons.

  • Specialized Services and Referrals

    • Children: Eligible for specialized services for sexually exploited children, victims of human trafficking, and trafficking of children for sexual purposes (and combinations thereof).
    • Adults: Victims must be notified of treatment or specialized services for human trafficking or sexually exploited persons, as available.
    • The statute adds victim advocacy services as a potential component of specialized services.

  • Informal Adjustment and Delinquency Proceedings (Ch. C. 839)

    • If a child’s alleged act involves prostitution-related offenses and is a direct result of being trafficked, informal adjustment with specialized services may be used.
    • If the child has prior delinquency adjudications for certain offenses or does not cooperate with services, the district attorney may proceed with delinquency proceedings.

  • Cross-References and Terminology

    • Adds cross-references to clarify terms related to “delinquent acts” and “felony-grade delinquent acts” in light of trafficking/victim status.
    • Updates definitions in the Louisiana Children’s Code (Articles 804(3) and (5), and 839(D)) to reflect trafficking-victim protections.

Who Is Affected

  • Individuals charged with prostitution- and prostitution-related offenses, including those involving minors.
  • Victims of human trafficking (adults and minors) who may qualify for affirmative defenses or exemptions.
  • Children involved in prostitution-related acts who are presumed trafficking victims and eligible for specialized services.
  • District Attorneys and juvenile courts implementing informal adjustment agreements and delinquency proceedings.

Procedural and Timeline Aspects

  • The bill was introduced in the 2026 Regular Session and referred to the Administration of Criminal Justice Committee.
  • It creates new or expanded defenses and service pathways that would be implemented within existing criminal, delinquency, and juvenile court processes.
  • Effective dates are not specified in the provided text; typically, such measures become effective on a set date after passage (or as provided in the act).

Note: The bill preserves current law while expanding protections and services for trafficking victims and clarifying the status of minors in prostitution-related offenses.

Compiled from official sources — confirm details with the bill’s official record.

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