Human Trafficking in South Carolina: Laws, Penalties, and Reporting

The human trafficking laws in South Carolina treat the offense as one of the most serious felonies in the state. Code Section 16-3-2020 covers both sex trafficking and forced labor, imposes mandatory prison time with no parole and no suspended sentences, and drops the force-or-coercion requirement entirely when the victim is under 18. Federal law layers additional penalties on top and, together with state law, gives survivors civil claims, immigration options, and paths to clear criminal records tied to their exploitation.

What Counts as Trafficking Under State Law

Under South Carolina Code Section 16-3-2020, a person commits trafficking in persons by recruiting, harboring, transporting, providing, or obtaining someone knowing that person will be subjected to sex trafficking, forced labor, involuntary servitude, or debt bondage. The statute also reaches anyone who profits from a trafficking operation, even if they did not directly control the victims.¹

Two elements distinguish trafficking from other crimes. The defendant must act “knowingly,” meaning they were aware of what the victim would be subjected to. And in adult cases, the exploitation must involve force, fraud, or coercion. When the victim is a minor, that second element disappears. Any involvement in the commercial sexual exploitation of someone under 18 qualifies as trafficking, regardless of whether the child appeared to cooperate or whether anyone used threats.¹

Penalties on a State Conviction

South Carolina classifies trafficking offenses by the victim’s age and the defendant’s criminal history. A first trafficking offense involving a minor victim is a Class A felony, the most serious category in state law. A second trafficking conviction of any type also rises to Class A felony status.² The trafficking statute imposes mandatory minimum prison terms and prohibits both suspended sentences and parole for trafficking convictions.¹

Courts also order restitution to victims for lost wages, medical expenses, counseling costs, and other damages flowing from the trafficking. Asset forfeiture laws allow the state to seize property, vehicles, and financial accounts connected to trafficking activity.

Trafficking prosecutions are usually built around Section 16-3-2020, but additional charges frequently stack on top. Kidnapping, criminal sexual conduct, and conspiracy charges are common companions when the evidence supports them. Prosecutors may also pursue money laundering or tax evasion charges tied to trafficking proceeds.

When Federal Charges Also Apply

Many South Carolina trafficking cases also trigger federal jurisdiction, especially when victims crossed state lines or the trafficking involved foreign nationals. Federal forced labor charges under 18 U.S.C. § 1589 carry up to 20 years in prison and fines up to $250,000. If the trafficking involved kidnapping, sexual abuse, attempted murder, or resulted in a death, a federal conviction can mean life in prison.

Federal law also requires mandatory restitution. Under 18 U.S.C. § 1593, a court must order the defendant to pay the “full amount of the victim’s losses,” which must equal at least the greater of two figures: the gross income the trafficker earned from the victim’s labor, or what the victim would have earned under the minimum wage and overtime protections of the Fair Labor Standards Act.³ A trafficker who paid a victim nothing for years of labor will owe, at a minimum, the full back wages calculated at federal minimum wage rates.

Civil Lawsuits Survivors Can Bring

Trafficking survivors can sue their traffickers and any third parties that knowingly profited from their exploitation. South Carolina’s trafficking chapter provides a civil cause of action allowing survivors to recover actual damages, punitive damages, and attorney’s fees. The statute of limitations for these claims extends up to ten years, giving survivors time to stabilize before pursuing litigation.

Federal law provides a parallel civil remedy. Under 18 U.S.C. § 1595, a trafficking victim can sue the perpetrator or anyone who knowingly benefited from the trafficking venture. Recoverable damages include compensatory losses and reasonable attorney’s fees. The federal statute of limitations is ten years from when the cause of action arose, or ten years after a minor victim turns 18, whichever is later. If a related criminal prosecution is pending, the civil case is automatically paused until the criminal case reaches final resolution.⁴

Victims may also sue businesses that facilitated trafficking, such as hotels, landlords, and transportation companies. Courts have upheld claims against entities that ignored clear warning signs of trafficking on their premises.

Immigration Relief for Foreign National Survivors

Foreign nationals trafficked into or within the United States may qualify for T nonimmigrant status, commonly called a T visa, which allows them to remain in the country for up to four years. To qualify, a person must show they were a victim of a severe form of trafficking, are physically present in the United States because of the trafficking, and would suffer extreme hardship involving unusual and severe harm if removed.⁵

Applicants generally must show they cooperated with reasonable law enforcement requests to investigate or prosecute the trafficking. Two exceptions exist. Minors under 18 at the time of any trafficking act are not required to show law enforcement cooperation, and adult victims unable to cooperate because of physical or psychological trauma may also be exempt.⁵

Evidence of cooperation can include a law enforcement declaration (Form I-914, Supplement B) or alternative proof such as police reports, trial transcripts, court documents, and communication records with law enforcement. An applicant who is otherwise inadmissible to the United States may apply for a waiver of those grounds.⁵

Clearing a Criminal Record Tied to Trafficking

Survivors frequently carry criminal records for offenses they committed under the control of their traffickers, such as prostitution, drug offenses, or petty theft. These records create lasting barriers to housing, employment, and education long after the trafficking ends.

At the federal level, the Trafficking Survivors Relief Act (TSRA), signed into law on January 23, 2026, created the first federal mechanism for survivors to clear qualifying criminal records related to their trafficking.⁶ Under the TSRA, a survivor can petition a court to vacate a conviction or expunge an arrest record by meeting two evidentiary standards:

The petitioner must show by clear and convincing evidence that they were a victim of human trafficking at the time of the offense.
The petitioner must show by a preponderance of the evidence that the offense was committed as a direct result of having been trafficked.

The TSRA is limited to non-violent offenses, and crimes involving a child victim are not eligible for relief.⁶ Congress narrowed the categories of eligible crimes before passing the final version. Even with those limitations, it is a significant shift for survivors who previously had no federal path to clear records tied to their exploitation.

Who Must Report Suspected Trafficking

South Carolina requires a broad range of professionals to report suspected child abuse or neglect, which includes trafficking of minors. Under Code Section 63-7-310, mandatory reporters include physicians, nurses, dentists, emergency medical personnel, mental health professionals, clergy, school teachers, counselors, principals, social workers, substance abuse treatment staff, childcare workers, foster parents, law enforcement officers, judges, and funeral home employees, among others.⁷

Reports go to the Department of Social Services or law enforcement. Failure to report when required can result in misdemeanor charges and professional disciplinary actions. Medical professionals play a particularly important role because many survivors seek treatment for injuries, untreated health conditions, or signs of prolonged neglect. Hospitals and clinics screen for trafficking indicators such as physical abuse, malnutrition, signs of restricted movement, and patients who seem unable to speak freely.

Businesses Required to Post the Hotline

Code Section 16-3-2100 requires certain categories of businesses to post information about the National Human Trafficking Resource Center Hotline in a visible location. The requirement applies to adult entertainment establishments, hotels and motels, unlicensed massage businesses, hospital emergency rooms, urgent care centers, agricultural labor contractors, and transportation hubs including airports, train stations, bus stations, rest areas, and truck stops. Businesses that fail to comply receive a written warning for a first violation and face fines of up to $50 per day for each subsequent violation.⁸

1
South Carolina Legislature. South Carolina Code 16-3-2020 – Trafficking in Persons; Penalties; Minor Victims; Defenses
2
South Carolina Legislature. South Carolina Code 16-1-90 – Crimes Classified as Felonies
3
Office of the Law Revision Counsel. 18 U.S. Code 1593 – Mandatory Restitution
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Office of the Law Revision Counsel. 18 U.S. Code 1595 – Civil Remedy
5
U.S. Citizenship and Immigration Services. Victims of Human Trafficking: T Nonimmigrant Status
6
U.S. Representative Russell Fry. Rep. Fry’s Trafficking Survivors Relief Act Passes the United States Senate
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South Carolina Legislature. South Carolina Code 63-7-310 – Persons Required to Report
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South Carolina Legislature. South Carolina Code 16-3-2100 – Posting of Information Regarding National Human Trafficking Resource Center Hotline in Certain Establishments; Fines