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So your probably facing federal human trafficking charges and your ABSOLUTELY TERRIFIED because you know these prosecutions destroy lives. Maybe there’s allegations you recruited someone for commercial sex work. Maybe prosecutors claim you harbored or transported someone for sex trafficking. Or maybe your accused of forced labor or involuntary servitude. Look, we get it. Your COMPLETELY OVERWHELMED by trafficking charges. And you should be! Because sex trafficking under 18 USC 1591 carries MANDATORY LIFE SENTENCE if victim under 14 or if force/fraud/coercion used and prosecutors aggressively pursue these cases with massive federal resources!
Let me explain the trafficking statute with DEVASTATING mandatory sentences. Section 1591 criminalizes recruiting, harboring, transporting, providing, or obtaining person for commercial sex act through force, fraud, or coercion OR when victim is minor! Two separate pathways to prosecution!
The Trafficking Victims Protection Act (TVPA) passed in 2000 created comprehensive federal human trafficking law! TVPA identifies two broad categories: sex trafficking and labor trafficking! Different statutes with different elements but both carry harsh penalties!
Here’s what’s really scary – if victim is minor, government need NOT prove force, fraud, or coercion! ANY commercial sex involving minor is trafficking! Strict liability for age element creates huge prosecutorial advantage!
“Commercial sex act” means any sex act where anything of value is given or received! Money, drugs, shelter, food, gifts – anything of value satisfies element! Doesn’t need to be direct payment! Trade of sex for place to stay is commercial!
Two distinct types of trafficking with DIFFERENT statutes!
Sex trafficking under 1591: recruiting, harboring, transporting person for COMMERCIAL SEX ACT! Must prove commercial sex element – exchange of sex for something of value! Prostitution, pornography, stripping where coerced or involving minors!
Forced labor under 1589: Obtaining labor or services through force, fraud, threats, or coercion! Agricultural work, domestic servitude, factory labor, restaurant work – any labor obtained through prohibited means!
Penalties differ! Sex trafficking carries any term of years or life for minors or if force/fraud/coercion! Forced labor carries 20 years maximum! But if forced labor involves kidnapping, attempted kidnapping, aggravated sexual abuse, or death, can be life!
Both can be charged together! Person trafficked for both sex work AND labor? Prosecutors charge both 1591 sex trafficking AND 1589 forced labor! Multiple victims? Separate count for each victim!
Trafficking in persons includes BOTH sex and labor! 2024 State Department report shows trafficking takes many forms – commercial sexual exploitation, forced labor, child soldiers, forced begging!
For adult victims, must prove prohibited means!
Force means physical restraint or threats of physical harm! Actual violence, threats of violence against victim or family, confinement, physical abuse! Don’t need continuous force – initial force that creates ongoing fear suffices!
Fraud means misrepresentation about conditions, wages, or nature of work! Promising legitimate job then forcing sex work! Lying about debt bondage! False promises about immigration status! Deception inducing person into trafficking situation!
Coercion is BROADLY defined! Threats of serious harm, physical restraint, abuse of legal process, threatened abuse of law, scheme designed to cause person to believe failure to perform would result in serious harm! Extremely broad definition captures psychological control!
“Abuse or threatened abuse of legal process” includes threats to report to immigration! Threatening to have victim deported, arrested, or separated from children! Using legal system as coercion tool!
But if victim is MINOR (under 18), NO need to prove force, fraud, or coercion! Any commercial sex involving minor is trafficking regardless of whether coercion present! Minor’s “consent” is irrelevant!
Prosecution must prove knowledge BUT has advantages!
Must prove defendant knew or recklessly disregarded that victim was minor OR that adult victim was coerced! Reckless disregard is lower standard than actual knowledge! Deliberately ignoring obvious signs satisfies element!
For minor victims, statute creates presumption! If defendant had reasonable opportunity to observe victim, government need NOT prove defendant knew victim was under 18! If you saw victim, age presumed known!
This presumption is HUGE prosecutorial advantage! Can’t claim “she said she was 18” if you had opportunity to observe! Visual observation creates legal presumption of age knowledge! Only way to overcome is showing NO opportunity to observe!
Willful blindness satisfies knowledge! Deliberately avoiding learning victim’s age or coerced status! Not asking questions when circumstances suggest trafficking! Courts infer knowledge from deliberate ignorance!
For facilitators and third parties, knowledge extends to anyone who benefits! Hotel owners who knowingly allow trafficking! Drivers who transport knowing it’s for sex trafficking! Website operators facilitating trafficking! All can be charged!
Sentences are CRUSHING with mandatory minimums!
Sex trafficking involving minor under 14 or involving force/fraud/coercion: any term of years OR LIFE! This means judge can impose life sentence! No maximum limit! Mandatory minimum is 15 years!
Sex trafficking of minor between 14-18: 10-year mandatory minimum! 40-year maximum! Still decade-long mandatory minimum even without force/fraud/coercion!
Attempt or conspiracy to commit sex trafficking: SAME penalties as completed offense! Planning trafficking or trying to traffic someone carries identical life exposure!
Forced labor under 1589: 20 years maximum! But if involves kidnapping, sexual abuse, attempted kidnapping, or death? Any term of years or life! Enhanced penalties make forced labor as serious as sex trafficking in many cases!
Fines up to $250,000 per count! Plus mandatory restitution to victims! Victims entitled to full value of labor, medical costs, therapy, lost income! Restitution can exceed millions!
Supervised release for life! Trafficking convictions carry lifetime supervision! Conditions include no contact with victims, travel restrictions, employment limitations! Violate conditions? Back to prison!
Prosecutions cover wide range of conduct!
Sex trafficking rings using force or coercion! Pimps controlling prostitutes through violence, drugs, debt bondage! Taking victims across state lines for prostitution! Hotels and truck stops used as trafficking locations!
Massage parlor and brothel operations! Workers brought from other countries and forced into sex work! Victims held through debt bondage, threats, confiscation of documents!
Agricultural forced labor! Migrant workers brought to US under false promises then forced to work! Threats of deportation, withholding wages, physical abuse! H-2A visa abuses creating debt bondage!
Domestic servitude! Bringing domestic workers from other countries then forcing unpaid labor! Confiscating passports, threatening violence, isolating victims! Happening in wealthy households across America!
Online sex trafficking! Using internet platforms to advertise and sell sex! Recruiting victims through social media, advertising on classified sites, using apps! Technology makes trafficking easier and harder to detect!
Defenses are LIMITED given strict liability for minors!
Lack of knowledge for adult victims! If genuinely didn’t know victim was coerced, may negate knowledge element! Thought victim was independent contractor, believed victim was willing participant! Must show reasonable belief not reckless disregard!
No force, fraud, or coercion for adult victims! If alleged victim was adult and no prohibited means used, no trafficking! Adult engaging in voluntary commercial sex isn’t trafficking! Consensual adult sex work isn’t federal crime!
Challenge age determination! For minor victim cases, dispute whether victim was actually under 18! If victim misrepresented age, defendant had no opportunity to observe, or age was ambiguous – challenge presumption!
No commercial sex act! If no exchange of value for sex, not trafficking! Must prove something of value given or received! Pure relationships without commercial element aren’t trafficking!
Challenge “obtaining” or “recruiting” element! If defendant wasn’t involved in bringing person into trafficking situation, may lack required conduct! Customer who purchased sex isn’t trafficker – though may face separate prostitution charges!
Duress or necessity defense! If defendant was also victim forced to recruit or transport others! Trafficking victims sometimes charged when forced to help trafficker! We establish defendant was victim not perpetrator!
Look, we’re not your typical lawyers who don’t understand trafficking prosecutions’ complexity. We’re former federal prosecutors who understand TVPA’s strict liability for minors requires AGGRESSIVE challenge to every element!
We understand how to challenge knowledge and reckless disregard! We know when adult victim wasn’t subject to prohibited means! We can establish lack of commercial sex element! Most importantly, we prove clients were victims not traffickers!
Other lawyers don’t challenge minor age presumptions! They accept government’s characterization of voluntary adult conduct as coerced! Their ignorance leads to life sentences for conduct that shouldn’t be trafficking!
Call us RIGHT NOW at 212-300-5196
Trafficking investigations involve FBI and Homeland Security!
Former federal prosecutors – Human trafficking specialists – Available 24/7!
Don’t speak to FBI or Homeland Security about alleged trafficking without experienced counsel! They assume you’re trafficker not facilitator or customer! Every statement about your knowledge or involvement becomes evidence! Trafficking charges mean life sentences – get counsel IMMEDIATELY!
Remember – federal human trafficking charges aren’t just about violent criminals, there about strict liability prosecutions where ANY commercial sex with minor is life sentence. One facilitation, one transportation, one harboring can mean life in federal prison. You need someone who understands both TVPA strict liability AND trafficking defenses. Call us NOW before trafficking charges destroy your life forever!
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS