What Is the Safe Harbor Law & What States Have It?

Unfortunately, in the world we live in, sometimes people are charged and convicted for crimes that they were forced into. This includes minors. This can be seen in instances such as trafficking or prostitution. Fortunately, this is changing with new legislation, such as the Safe Harbor Law. However, many are left wondering, “What is the Safe Harbor Law & what states have it?”

What Is the Safe Harbor Law?

The Safe Harbor Law was created to help people, in many cases, minors, in instances where they are being charged, tried, and convicted of crimes that they were forced into doing.

Safe Harbor laws are created to help these individuals be viewed as victims instead of perpetrators. They also highlight the exploitation that occurs.

Safe Harbor laws were also implemented to aid in rehabilitation efforts for those who were victimized, such as offering options instead of jail time, including therapy, counseling, housing, and healthcare. Safe Harbor laws allow these individuals to rebuild their lives rather than further diminish their quality.

What Do Safe Harbor Laws Offer?

Safe Harbor laws offer significant options for those affected by this unique circumstance. Some of these include:

• Legal protection from criminal charges, particularly in prostitution and other trafficking laws against minors
• Rehabilitation, such as access to housing, medical care, and therapy services
• Recovery programs instead of penalties
• Care for survivors of particularly traumatic experiences
• Social services to help establish a normal life

What States Have Safe Harbor Laws?

Many states have passed some form of Safe Harbor laws. The specific provisions vary from state to state. Currently, 30 states and Washington, D.C., have noncriminalization laws to protect victims. Other states have some form of protection in place, offering alternative responses, such as diversion. Some states have decided to implement these laws. Some of these include:

• New York Safe Harbor for Exploited Children Act
• Washington’s Sex Crimes Involving Minors Act
• Connecticut’s Safe Harbor for Protected Children
• Vermont’s Act Related to Human Trafficking
• Massachusetts’ Act Relative to the Commercial Exploitation of People
• Illinois’ Safe Children’s Act
• Tennessee’s Safe Harbor Law
• Minnesota’s Safe Harbor for Exploited Children
• Florida Safe Harbor Act

Other states that offer decriminalization laws include:

• California
• Idaho
• Montana
• Utah
• Colorado
• New Mexico
• Nebraska
• North Dakota
• Oklahoma
• Missouri
• Arkansas
• Indiana
• Michigan
• Mississippi
• Kentucky
• West Virginia
• North Carolina
• South Carolina
• Georgia
• Pennsylvania
• Maryland
• New Hampshire
• Maine
• Rhode Island

Challenges and the Next Steps for Safe Harbor Laws

Even though Safe Harbor rules have done a lot to help protect victims of trafficking, there is still a lot that can be done for improvement. One of the major issues is that the laws vary from state to state.

Some states are not as specific as others, which leaves room for ambiguity and unclarity. In addition, if a minor has been trafficked across state lines, this can lead to extensive legal processes. Also, a child may be deemed innocent in one state and guilty in another.

Another problem is that there aren’t many tools to help people who have been trafficked. While there are a lot of Safe Harbor laws, there may be issues on the state level with funding and resources to make their provisions available. When a victim does not have the resources or access to aids like housing and counseling, this increases the likelihood of them returning to what is familiar to them.

The next step for Safe Harbor laws is to make sure that all victims receive the care and legal protections they need. Another important goal is to get more money for victim services, like safe housing, medical care, and therapy that takes trauma into account.

More training for police and social services is also important for better spotting and dealing with trafficking cases. These problems can be fixed so that Safe Harbor rules become even better ways to help survivors get away from abuse and start over.

FAQs

Q: Which States Have Safe Harbor Laws?

A: A lot of states have passed Safe Harbor rules, like New York, California, Texas, Florida, Illinois, Minnesota, and Ohio. These laws cover a wide range of topics and have different rules, but they generally protect children who are victims of trafficking or abuse. Even though most U.S. states have some kind of Safe Harbor rule, how they work and how much protection they offer can vary a lot from state to state.

Q: What Does Safe Harbor Legislation Protect You From?

A: The main purpose of safe harbor legislation is to shield children who have been trafficked or exploited from prosecution for crimes they were coerced into committing, such as prostitution or drug-related charges. These people are given access to support services like housing, counseling, and healthcare in lieu of criminal charges. Instead of treating victims as criminals, the laws are designed to view them as survivors in need of treatment.

Q: What Is Covered by Safe Harbor Rules?

A: In general, Safe Harbor rules protect minors who are involved in crimes like prostitution, drug trafficking, or human trafficking. These rules protect people from being charged with these crimes. Instead, they focus on getting victims to services that help them get better, like counseling, medical care, housing, and education. Some Safe Harbor laws also include training for police and tools for the public to learn about and avoid these situations.

Q: How Do I Claim Safe Harbor?

A: To be eligible for Safe Harbor protections, a juvenile or their legal representation must usually show that:

1. The person was the victim of trafficking or exploitation.
2. The unlawful actions they engaged in were a direct result of coercion.

Legal proceedings can be redirected to concentrate on rehabilitation rather than punishment, and law enforcement or social agencies may assist in identifying qualified individuals.

Contact Barry M. Wax, Attorney at Law Today

If you or a loved one is facing charges related to trafficking while being exploited, Barry M. Wax, Attorney at Law can seek justice under Safe Harbor laws. We can defend your rights and offer you the support you need. Contact us today to get started.