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April 6, 2017

Human Trafficking and Pornography: Using the Trafficking Victims Protection Act to Prosecute Trafficking for the Production of Internet Pornography

In this Essay, Luzwick considers one way in which the Trafficking Victims Protection Act of 2000 (TVPA) has been underutilized—in prosecuting pornography cases. Pornography enjoys wide latitude under the law, protected by a vast net of First Amendment protections. Luzwick argues that while these protections may preserve freedom of speech, they do nothing to protect adult victims who are trafficked to produce online pornographic media. Luzwick concludes that to provide relief for these victims and better fight all types of domestic trafficking, prosecutors can and should use the sex trafficking provision of the TVPA, 18 U.S.C. § 1591, to prosecute sex trafficking within the pornography industry.