If you are charged with human trafficking, you could go to prison for 12 years — or longer
The crime of human trafficking has been a hot topic in the news recently. The hashtag #SaveOurChildren is used frequently on social media, shared by people concerned about children being trafficked for commercial sex.
In California, human trafficking is a felony crime. It may also be charged as a federal offense in certain situations. According to a criminal defense lawyer in Los Angeles County, CA, a 2012 ballot initiative, Prop 35, increased the penalties for human trafficking in California.
When charged by the state, human trafficking has two elements. The prosecutor must prove both elements beyond a reasonable doubt in order to convict a person of this crime. These elements are:
- You deprived another human being of their personal liberty or violated that person’s personal liberty, AND
- When you did so, you intended to obtain forced labor or services.
Depriving someone of their personal liberty means that there is a substantial and sustained restriction on their liberty (ability to move or act freely). This may be accomplished in a number of ways, including force or fear, fraud, coercion, violence, duress (threats), menace, or a threat of injury to that person or someone else. Forced labor or services may labor in a range of industries including in agriculture, the hospitality industry, domestic work, or even beauty salons. Importantly, the labor does not have to be unpaid. A person could be a victim of human trafficking even if they are paid, if they are being forced to work against their will.
There is a separate charge for human trafficking related to commercial sex. This charge involves two elements: (1) you deprived another human being of their personal liberty or violated their personal liberty; and (2) when you did so, you intended to commit one of a specified list of crimes. These crimes include a range of sex crimes, including pornography, pimping, pandering, and extortion/blackmail.
Importantly, if a person causes a minor to engage in commercial sex, then it is not necessary to prove that there was any deprivation of liberty. It is enough to show that a defendant caused, induced, or persuaded to engage in a commercial sex act with the intent to commit one of the listed crime. This offense is different because minors cannot consent to sexual activity under the law.
The penalties for a human trafficking conviction are harsh, and may include:
- Between 5 and 12 years in state prison and/or a fine of up to $500,000 for trafficking for labor or services;
- Between 8 and 20 years in state prison and/or a fine of up to $500,000 for commercial sex trafficking; and
- Between 5 and 12 years in state prison and/or a fine of up to $500,000 for causing a minor to engage in commercial sex.
These penalties may be increased if the alleged victim suffered great bodily injury or if a person has a prior conviction for human trafficking.
If you have been charged with human trafficking or any related crime, you will need a seasoned criminal defense lawyer in Los Angeles County, CA. The Chambers Law Firm is here for you. Reach out to us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation.