Federal Human Trafficking Defense Lawyer
Sex trafficking typically involves moving individuals across international borders for sexual purposes. The term 'sex trafficking' also broadly refers to all forms of human trafficking and is subject to severe legal penalties.
Federal law enforcement and prosecutors remain dedicated to thoroughly investigating and prosecuting these crimes, showing their strong commitment to fighting sex trafficking.
18 U.S.C. 1581 prohibits human trafficking and related crimes, mandating harsh penalties for those convicted of forcing others into labor, sex trafficking minors, or selling individuals.
The law's severe punishments, such as life imprisonment in federal prison, serve as a strong deterrent against these heinous acts.
The Mann Act
The Mann Act, enacted by Congress in 1910, makes it a federal crime to transport individuals across state lines or to coercively induce them to do so for the purpose of prostitution.
Federal prosecutors leverage this law to prosecute anyone involved in human trafficking.
Under 22 U.S.C. 7102(11)(A), forced labor (including commercial sex trafficking) is defined as "the recruitment, transportation, harboring, provision, or obtaining of a person for labor or services through force, fraud, or coercion, resulting in involuntary servitude, peonage, debt bondage, or slavery."
Most federal human trafficking cases involve transporting individuals across state or international borders, which is why these crimes are under federal jurisdiction.
Federal criminal charges are handled in federal courts, differing significantly from state-level prosecutions.
What is an Example of Sex Trafficking?
People from other countries are frequently recruited to come to the United States with the promise of job opportunities.
Traffickers then assist them in entering illegally, often helping them evade immigration authorities at the border. Traffickers usually offer them some form of employment and insist they work to cover their expenses.
Generally, they are told they must work until their debt is settled, but the wages are so minimal that they cannot fully pay off the amount the traffickers demand.
In sex trafficking cases, victims are typically made to engage in prostitution to settle a supposed debt. These victims are often underage girls who are coerced into working in brothels, allowing traffickers to exert control over their activities.
If you're facing a federal criminal investigation for human trafficking, sex trafficking, or similar crimes, it's crucial to consult a federal criminal defense lawyer. They can review the specifics of the allegations and discuss your legal options.
In federal child sexual exploitation cases, investigators typically conduct cyber stings by creating decoy profiles on social media and gaming platforms.
What Federal Laws Address Sex Trafficking?
Let's review some federal laws addressing sex trafficking and related crimes. The term "commercial sex act" refers to any sex act in which something of value is exchanged for services involving one or more persons.
The Trafficking Victims Protection Act (TVPA) of 2000 established measures for prosecuting traffickers, preventing human trafficking, and supporting victims and survivors. It designates human trafficking and related crimes as federal offenses.
This federal law enforces strict penalties for anyone convicted of human trafficking. Additionally, it allows federal prosecutors to charge human trafficking as a violation under the Racketeering Influenced and Corrupt Organizations (RICO) statute.
The TPVA authorizes the judge to order a defendant to pay restitution to victims of human trafficking and grants the right to seek civil damages against the defendant.
Other Related Sex Trafficking Laws
Other laws related to sex trafficking as a federal crime are contained within 18 U.S.C. Chapter 77, covering Peonage, Slavery, and Trafficking in Persons, including the following statutes:
- 18 U.S.C. 1581 bans human trafficking and related crimes, outlining the legal penalties for those convicted of forcing someone to work, conducting child sex trafficking, or selling individuals.
- Under 18 U.S.C. 1583, a defendant convicted of kidnapping another person for slavery faces penalties of up to 20 years in prison.
- 18 U.S.C. 1584 imposes penalties of up to 20 years in prison for a defendant convicted of holding someone or selling them into involuntary servitude. If the crime results in serious bodily injury, death, kidnapping, or sexual abuse, it can lead to a life sentence in federal prison.
- Under 18 U.S.C. 1589, forced labor is a serious criminal offense that falls within federal human trafficking and modern slavery laws.
What are the Related Federal Statutes?
- 18 U.S.C. 1581 - Peonage: obstructing enforcement.
- 18 U.S.C. 1582 - Vessels for the slave trade.
- 18 U.S.C. 1583 - Enticement into slavery.
- 18 U.S.C. 1584 - Sale into involuntary servitude.
- 18 U.S.C. 1585 - Seizure, detention, transportation, or sale of slaves.
- 18 U.S.C. 1586 - Service on vessels in the slave trade.
- 18 U.S.C. 1587 - Possession of slaves aboard vessel.
- 18 U.S.C. 1588 - Transportation of slaves from the United States.
- 18 U.S.C. 1589 - Forced labor.
- 18 U.S.C. 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor.
- 18 U.S.C. 1591 - Sex trafficking of children or by force, fraud, or coercion.
- 18 U.S.C. 1592 - Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor.
- 18 U.S.C. 1593 - Mandatory restitution.
- 18 U.S.C. 1593A - Benefit financially from peonage, slavery, and trafficking in persons.
- 18 U.S.C. 1594 - General provisions.
- 18 U.S.C. 1595 - Civil remedy.
- 18 U.S.C. 1595A - Civil injunctions.
- 18 U.S.C. 1596 - Additional jurisdiction in certain trafficking offenses.
- 18 U.S.C. 1597 - Unlawful conduct with respect to immigration documents.
When you're alleged to have committed abusive sexual contact while on federal property, the case falls within federal jurisdiction under 18 U.S.C. § 2244, which amplifies the stakes considerably.
Sex tourism is usually prosecuted under Title 18 U.S. Code 2423, which prohibits not only transporting minors for illegal sex (sex trafficking) but also traveling across state or international borders with the intent to have sex with minors.
Penalties for Federal Sex Trafficking
A sex trafficking conviction results in various federal penalties depending on factors like the defendant's level of involvement, such as the following
- If a federal prosecutor can demonstrate that a defendant was involved in planning to send a sex trafficking victim to the United States, they could be sentenced to up to seven years in federal prison.
- If the defendant was directly involved in the sex trafficking offense, they could face a maximum sentence of 20 years.
- If the defendant sexually assaulted the victim or it can be proven that they were compelled to engage in non-consensual sexual activity, they could face a life sentence in federal prison.
Legal Defenses Against Sex Trafficking Charges
Federal prosecutors will vigorously seek strict penalties for sex trafficking cases, regarded as among the most severe sexual crimes in federal law.
Nonetheless, the prosecutor must demonstrate all elements of the crime beyond a reasonable doubt. You will need a skilled federal criminal lawyer who can identify weaknesses in the case.
If your lawyer can establish reasonable doubt, your chances for a positive outcome increase. Your defense team must understand federal laws and procedures, which differ significantly from state laws.
We may be able to craft a defense strategy that questions key evidence in the case.If you face charges under 18 U.S.C. 1581 for human trafficking or a related crime, you could have legal avenues to contest them.
We may negotiate with the federal prosecutor for a reduced charge or argue that the evidence is insufficient to support a conviction, potentially leading to a dismissal.
For more details, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, California.
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