Because of the inconsistencies between state and federal laws, some minors engaged in prostitution are still being prosecuted even in states with safe harbor laws. This phenomenon occurs despite of the fact states having statutory rape laws that restrict a minor’s ability to consent to sexual relations. The news media has reported on a few cases that exemplify this issue. The articles covered report victims as young as ten years old being prosecuted for prostitution despite the fact under the state’s same statutes; they were too young to consent to sex. The intent of this paper is to study apparent disconnects between prostitution and statutory rape laws and argue for consistency amongst state laws. Part I of this paper will provide a history of domestic minor sex trafficking including an analysis of federal and state laws.  When analyzing state laws, current conflicting prostitution and statutory rape laws are included in the analysis. Part II will provide a critique of approaches, statutes and cases including considerations that are missing from opinions or legislative history. Part III of this paper details recommendations for further policy, legislation, etc. This paper argues that current federal and state laws with the exception of a few do not provide enough protection to minors who are victims of trafficking. Without consistency in the laws, minors will continue to be treated as criminals instead of victims of exploitation.