Sec. 2. National safe harbor law
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/bill/113/hr/3610/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section— the term commercial sex act shall have the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 ); the term minor means an individual who has not attained the age of 18 years; the term severe form of trafficking in persons shall have the meaning given the term in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 ); and the term State shall have the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791 ).
On or after the date that is 3 years after the date of enactment of this Act, each State shall have in effect legislation that— treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; discourages the charging or prosecution of an individual described in paragraph
(1)for a prostitution or sex trafficking offense, based on the conduct described in paragraph (1); and encourages the diversion of an individual described in paragraph
(1)to child protection services. If a State fails to comply with subsection (b), the Attorney General may withhold— during the 2 fiscal years beginning after the 3-year period subsequent to the date of enactment of this Act, 3 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ); during the fiscal year subsequent to the expiration of the period referred to in subparagraph (A), 4 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ); and during any fiscal year subsequent to the expiration of the period referred to in subparagraph (B), 5 percent of the amount that would otherwise be allocated to the State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ). Any funds under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) that are not allocated to a State because of the failure of the State to comply with subsection
(b)shall be reallocated to States that comply with subsection (b).
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