January is Human Trafficking Prevention Month. To make this month more than mere lipservice, we should be working on assessing and implementing tactics that actually do prevent trafficking. One such tactic is gathering momentum, with four states having implemented it and many more considering being next.
What is this tactic? Making sex buying a felony.
“Woah,” some people might think. “Isn’t that a little extreme? Sure, the sex traffickers should be charged with felonies. But the sex buyers? They’re just normal guys getting their needs met!”
The truth is, however, that sex buyers are the driving force behind all sex trafficking. And they are primary perpetrators of violence against sex trafficked and prostituted individuals.
The only reason sex trafficking exists is because sex buyers create a demand for it. Without this demand, traffickers would have no incentive to exploit people for money. No Buyers=No Business.
Further, sex buyers are not just “nice guys getting their needs met.” They’re dangerous men who inflict serious harm on prostituted persons. For example, sex buyers are responsible for the vast majority of homicides of prostituted women. Studies have further found that up to 82% of prostituted persons report experiencing violence at the hands of sex buyers.
Yet when caught, sex buyers are typically charged with a simple misdemeanor—a slap on the wrist.
Without substantial repercussions, sex buying has become normalized, accepted, and even encouraged, making real progress in preventing sex trafficking impossible. To shift societal norms and effectively deter exploitation, sex buying should be elevated to a felony offense. This has already been done in Texas (2021), Montana (2022), Oklahoma (2023) and North Carolina (2024). Momentum is growing as numerous other states consider similar bills!
To explain why this tactic is so vital, here are five key reasons to make sex buying a felony, as outlined by expert researcher Dr. Michael Shively:
1. Felony level sanctions are a more effective deterrent.
Misdemeanors are often perceived as minor offenses, easily paid off and forgotten. But a felony conviction carries long-term consequences that are difficult to ignore. By raising the stakes, the law sends a clear message: purchasing sex is not a low-risk or socially acceptable act. Instead, it’s a significant offense with serious consequences.
2. The threat of felony charges may incentivize greater cooperation with investigators and prosecutors.
The threat of felony charges can motivate sex buyers to cooperate with the criminal justice system. Oftentimes, prostituted women are controlled by sex traffickers, posing as pimps or brothel owners. Because buyers know where trafficking occurs, they often see who’s involved and how exploited individuals are controlled, making them an underutilized source of intel. Therefore, with incentives to cooperate, buyers could assist law enforcement in targeted investigations, such as setting up surveillance, locating survivors, or uncovering trafficking rings.
Felony charges also give prosecutors more leverage because of their more serious repercussions. This pressure can motivate buyers to consider plea deals, offering names, details, or testimony in exchange for reduced penalties. With increased information, law enforcement will be better equipped to help those trapped in prostitution.
Simply put, when law enforcement uses tips from buyers to guide investigations, and prosecutors use felony charges to encourage cooperation, they can target traffickers and protect women from being exploited.
3. Making sex buying a felony provides a greater incentive for law enforcement to protect people trapped in prostitution.
Misdemeanors typically receive lower prioritization, so many agencies don’t see buying sex, the main contributor to sexual exploitation, worth the time, planning, and resources it takes to combat. Felony arrests, on the other hand, are seen as more critical outcomes in law enforcement performance metrics. Therefore, if sex buying is made a felony, law enforcement will be more motivated to make buyer arrests a priority. Pimps and traffickers would then have a harder time working under the radar and hiding their crimes, leading to fewer people being forced and coerced into prostitution.
Research by scholars like Gunilla Ekberg, the Swedish Government’s former expert on prostitution and trafficking, indicates that increased attention on sex buyers can reduce the profitability of prostitution. As a result, traffickers shift toward other, less lucrative criminal activities.
4. With more severe penalties, it is harder to hide from spouses and family.
About one-third of active sex buyers are married. Active sex buyers have a much higher tolerance of cheating on their spouse or significant other, but it’s safe to say most still do not want their spouse to find out. As such, raising sex buying behavior to the attention of spouse and family can serve as a significant deterrent—besides the fact that spouses deserve to know. Elevating sex buying to a felony offense decreases the likelihood that convicted sex buyers will be able to hide the behavior from their loved ones. Felonies involve serious penalties, such as substantial fines, multiple court appearances, and time in custody, so familial attention is drawn. Think of it as extra-legal deterrence.
5. Finally, making sex buying a felony ensures the penalty matches the harm it causes.
Based on research, 53-72% of people in prostitution endured traumatic brain injuries, with 91% suffering from PTSD. The majority face poverty, homelessness, and addiction, making them susceptible to traffickers. Many are manipulated and deceived by pimps who make false promise work, safety, and citizenship, when really they intend to sexually exploit them. Minority women and members of the LGBTQ+ community face a disproportionate risk of being sex trafficked as children. These horrors exist within the sex industry, driven by the demand created by sex buyers. The fact is, buyers deserve felony charges. While it won’t remove the pain survivors endure, it would mark a crucial step toward accountability, aligning our legal system with the severity of harm caused. Anything less continues to excuse the violence sex buyers commit and fuel.
Other Pieces of the Puzzle: Enforcement, Resources, and Survivor Support
Creating felony-level consequences for sex buyers is a powerful and necessary step toward justice. When paired with practical resources, committed enforcement, and survivor support, its impact can be even greater. The following examples show how legislative shifts, combined with strategic implementation, can change societal norms to reduce demand and protect vulnerable communities.
It is crucial to pair felony status with resources for buyers and victims.
In future legislation, there must be better resources for both the perpetrators and the survivors. For instance, SB 71, a Senate bill recently proposed in Kansas, reclassified buying sex from a Class A misdemeanor to a Level 9 felony, significantly increasing fines. With this shift, the bill required stronger diversion programs, like “john schools” for those convicted of sex buying. It also directed fines towards the Human Trafficking Victims Assistance Fund, increasing resources for survivors.
When pairing felony status with education for sex buyers and support for those prostituted, significant progress can be made. Over 2,690 U.S. cities and counties have implemented tactics to deter and educate sex buyers, as well as support survivors. These methods have led to a 40%-75% decrease in sex buying and sex buyer recidivism.
The legislation created must be enforced by law enforcement and prosecutors.
Additionally, to successfully establish sex buying as a felony, there must be commitment from the police and prosecutors to follow through on arrests and prosecutions. Research has shown that legislation can clash with long-standing law enforcement practices, so police training, focused on arresting sex buyers instead of prostituted persons, must follow legislative change. Meanwhile, prosecutors must bring charges against the buyers that match those of a felony. Only then will cultural norms shift and the sex trade shrink.
Laws reflect a choice: whom we protect, whom we hold accountable, and whom we ignore. By making sex buying a felony, we choose to protect the vulnerable, challenge cultural indifference, and build a system where exploitation is not just discouraged, but stopped at the source. When we criminalize the demand, we turn off the engine that drives prostitution and sex trafficking. We send a message that no one has the right to purchase sexual access to another person’s body. True justice requires action that reflects the worth of every human life; making sex buying a felony can help accomplish this.
ACTION: Ask Your State to Make Sex Buying a Felony!
Sex buying is already a felony in Texas, Montana, Oklahoma, and North Carolina. Ask your state to be next!
