Human trafficking has recently been a major subject in the media. People worried about children being exploited for commercial sex regularly use the hashtag #SaveOurChildren on social media. Human trafficking is a felony in California. In some cases, it may also be prosecuted as a federal offense.
A 2012 ballot measure, Prop 35, raised the penalty for human trafficking in California. If you are currently charged with this crime, it is important to work with an experienced criminal defense attorney to find out what your options are.
The specifics of a human trafficking charge
Human trafficking has two components when it is prosecuted by the government. To convict someone of this offense, the prosecutor must show both components beyond a reasonable doubt. These are the elements:
- You took away or violated the personal liberty of another human being with the intent of obtaining forced labor or services
- You deprived someone of their personal liberty in a significant and long-term way that impeded their freedom
Force or terror, fraud, coercion, aggression, duress, menace, or a threat of damage to that person or another can all be used to accomplish this. Forced labor or services can be found in a variety of industries, such as agriculture, hospitality, household work, and even beauty salons. Importantly, the work does not have to be performed for free. Even if they are paid, a person might be a victim of human trafficking if they are compelled to labor against their choice.
Human trafficking involving commercial sex is prosecuted separately. This accusation has two parts: (1) you deprived or violated another person’s personal liberty; and (2) you planned to conduct one of a list of crimes when you did so. Pornography, pimping, pandering, and extortion/blackmail are among the sex crimes included in this category.
Importantly, if a person forces a juvenile to engage in commercial sex, there is no need to show that the child was deprived of their liberty. It is sufficient to prove that a defendant instigated, encouraged, or persuaded another person to participate in a commercial sex act with the purpose to commit one of the crimes mentioned. Because children are not allowed to agree to sexual conduct, this violation is unique.
Convictions for human trafficking
A conviction for human trafficking has severe consequences, including between 5 and 12 years in state prison and/or a fine of up to $500,000 for trafficking for labor or services; for commercial sex trafficking, between 8 and 20 years in state prison and/or a fine of up to $500,000; and for causing a minor to engage in commercial sex, between 5 and 12 years in state prison and/or a fine of up to $500,000.
If the putative victim suffered serious bodily damage or if a person has already been convicted of human trafficking, the penalties may be increased.
If you have been charged with human trafficking or a similar offense, you will need the assistance of an experienced criminal defense attorney. Chambers Law Firm is available to assist you. To book a consultation, please contact us at 714-760-4088.
