Executive Summary
- South Carolina lawmakers are considering a state-level RICO statute to target human trafficking rings.
- Senate Bill 235 would distinguish between consensual sex work and forced prostitution, offering legal defenses for victims.
- Current state laws, unchanged since 1986, limit local police capabilities, often necessitating federal intervention.
- The proposed legislation aims to increase penalties for solicitors and procurers while protecting coerced individuals.
South Carolina legislators are set to consider a series of bills aimed at strengthening the state’s ability to prosecute human trafficking networks while providing greater legal protections for victims of forced sex work. The proposed legislation seeks to modernize criminal codes that have not been significantly updated since 1986, offering law enforcement new tools to dismantle organized criminal enterprises.
Among the key measures is the introduction of a state-level Racketeer Influenced and Corrupt Organizations (RICO) statute. According to Brooke Burris, founder of the Tri-County Human Trafficking Task Force, the lack of such a law has hindered local authorities, who often must rely on federal prosecutors to pursue complex cases involving multiple actors. Burris noted that human trafficking operations rarely occur in isolation and often involve intricate networks of participants facilitating forced labor and sex work.
The urgency for reform is highlighted by the case of Jonathan Ahmad Dais, a former Charleston County Public Works employee. Federal prosecutors indicted Dais and three others on charges related to the local commercial sex trade and potential connections to overdose deaths. While federal agents utilized the broader scope of federal law to charge the group, local police faced limitations under current state statutes, leaving co-defendants uncharged at the city level. Dais faces charges in both state and federal courts.
Senate Bill 235, sponsored by Senators Josh Kimbrell, Matt Leber, and Jeff Zell, aims to address these disparities by distinguishing between consensual commercial sex and forced prostitution. The bill proposes an affirmative defense for adults and minors coerced into sex work, effectively shielding victims from prosecution. Conversely, the legislation would increase penalties for those who solicit or procure sex work, imposing mandatory minimum sentences for repeat offenders.
Senator Stephen Goldfinch, a sponsor of the RICO bill, emphasized the necessity of equipping the Attorney General’s Office with the authority to bring conspiracy cases to a state grand jury. Former U.S. Attorney Peter McCoy echoed this sentiment, stating that South Carolina currently lacks the legal infrastructure to adequately address deep-seated criminal conspiracies. According to the S.C. Attorney General’s Office, 37 individuals faced a total of 62 human trafficking charges in the state in 2024.
Legislative and Judicial Analysis
The introduction of a state RICO act and the revision of commercial sex statutes represent a significant pivot in South Carolina’s prosecutorial strategy, aligning the state with jurisdictions like Georgia and Florida that utilize similar laws to target organized crime hierarchies rather than low-level offenders. By separating the legal treatment of trafficking victims from perpetrators, the proposed measures aim to facilitate victim cooperation and increase conviction rates for ringleaders. It is important to note that Jonathan Ahmad Dais and all other individuals mentioned in connection with criminal charges are presumed innocent until proven guilty in a court of law.
