Delaware House Bill HB408

Delaware 2025-2026 Regular Session

• Introduced: 5/7/26
• Refer: 5/7/26

Caption

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

Summary

HB 408 amends Delaware’s criminal code provisions on trafficking an individual, forced labor, and sexual servitude. The bill broadens the definition of child sex trafficking-related offenses so that a person can be prosecuted for obtaining or purchasing a minor for commercial sexual activity even if no separate third-party trafficker or pimp is identified. It also clarifies that a minor’s apparent consent, or a defendant’s belief that the minor was an adult, is not a defense in these cases. The bill also updates the sexual servitude and patronizing provisions to better align Delaware law with the federal Trafficking Victims Protection Act of 2000. Under the bill, minors involved in commercial sexual activity are treated as trafficking victims, which is intended to improve access to federal and state services and recovery resources. The bill includes technical drafting corrections to conform the statute to Delaware legislative drafting standards.

Impact

HB 408 would amend 11 Del. C. § 787, expanding the scope of trafficking and sexual servitude offenses involving minors and clarifying liability for buyers of commercial sex involving minors. It would preserve felony classifications while making it easier for prosecutors to charge conduct involving minors even without proof of a controlling third party. The bill would also strengthen the legal basis for identifying exploited minors as trafficking victims, which can affect eligibility for victim services, support programs, and related law-enforcement and child-protection responses.

Sentiment

The available bill materials indicate generally supportive sentiment. The synopsis frames the measure as a victim-centered alignment with federal law, emphasizing improved identification of trafficked minors and access to recovery resources. No committee transcript or recorded vote information was provided, so there is no evidence in the supplied record of organized opposition or divided debate.

Contention

The main policy point reflected in the bill text is the removal of any practical requirement to prove a third-party trafficker in cases involving minors, which shifts attention toward buyers and others who obtain or purchase minors for commercial sexual activity. Supporters appear to view this as necessary to close a gap in Delaware law and better protect victims. Potential areas of contention, though not documented in the provided record, could include the expanded reach of criminal liability and the treatment of buyers as traffickers even where no pimp or controller is identified.