How Much Jail Time Do You Get for Human Trafficking?

How Much Jail Time Do You Get for Human Trafficking?

Human trafficking is a terrible crime that involves exploiting people for labor or sex. There are different laws about human trafficking at the federal and state levels. So how much jail time can you get if convicted? Well, it depends on a lot of factors.

First, let’s define human trafficking. According to the federal law, human trafficking is when someone recruits, harbors, transports, provides, or obtains a person for labor or services through force, fraud, or coercion. It can involve forcing people into prostitution, domestic servitude, agricultural work, factory work, or other industries. Traffickers often target vulnerable populations like immigrants, children, or runaway teens.

Federal Laws and Penalties

There are a few main federal laws that prohibit human trafficking and set penalties:

• The Trafficking Victims Protection Act (TVPA) of 2000 – This law defines human trafficking and sets penalties. It was amended several times over the years to increase penalties and expand protections.
• 18 U.S.C. § 1589 – Forced Labor – This law makes it illegal to provide or obtain forced labor or services. The penalties can include up to 20 years in prison.
• 18 U.S.C. § 1590 – Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor – This law prohibits trafficking people for labor exploitation. Penalties can include up to 20 years in prison.
• 18 U.S.C. § 1591 – Sex Trafficking of Children or by Force, Fraud, or Coercion – This law prohibits trafficking people for commercial sex acts. Penalties include a minimum of 15 years in prison and can go up to life in prison.

So at the federal level, a human trafficking conviction can lead to decades in prison. The penalties tend to be higher when minors are involved. For example, under 18 U.S.C. § 1591, if the victim is under 14, the penalty is 25 years to life in prison. The penalties are also enhanced if force, fraud, or coercion are used.

State Laws

States also have their own human trafficking laws. These laws may use slightly different definitions but generally prohibit forced labor and sexual exploitation. Here are some examples of state laws and penalties:

• California – Human trafficking convictions can lead to 5 years to life in prison in California. Fines up to $500,000 are also possible.
• New York – New York law mandates a penalty of 1-25 years in prison for sex trafficking and labor trafficking convictions.
• Florida – Convictions for human trafficking in Florida can result in up to 30 years imprisonment and fines of up to $10,000.
• Texas – Texas law sets penalties at 99 years to life in prison for trafficking convictions. Fines up to $10,000 are also authorized.

As you can see, state penalties for human trafficking are also severe and typically include years or decades behind bars. Many states also impose large fines on top of imprisonment.

Sentencing Factors

While the laws provide penalty ranges, the actual sentence will come down to the discretion of the judge. Some factors judges consider when imposing sentences for human trafficking include:

• Age of the victim – Trafficking minors often leads to harsher sentences.
• Use of force or coercion – Using force, threats, fraud or other coercive tactics leads to higher sentences.
• Number of victims – Trafficking multiple victims is seen as more serious.
• Past criminal record – Repeat offenders get longer sentences.
• Acceptance of responsibility – Admitting guilt may earn a lighter sentence.

Judges can also consider things like the defendant’s childhood, work history, and family circumstances when deciding on an appropriate sentence within the range set by law.

Aggravating Factors

There are some specific factors that can increase, or aggravate, a human trafficking sentence. These include:

• Causing bodily harm or threatening harm to victims
• Trafficking the victim for over 180 days
• Trafficking more than 10 victims
• Earning over $1 million through trafficking
• Using drugs or illegal substances to control victims

When these aggravating factors are present, it allows the judge to go beyond the maximum sentence and issue an even longer prison term.

Mitigating Factors

On the other hand, some mitigating factors may lead to a more lenient sentence, such as:

• Having a minor role in the trafficking operation
• Cooperating with law enforcement
• Showing remorse and accepting responsibility
• No prior criminal history

Defense attorneys will often cite mitigating factors and argue for the lowest possible sentence under the law.

Plea Deals

Many human trafficking cases end up in plea deals rather than going to trial. Defendants often agree to plead guilty in exchange for a lighter sentence. Common plea deals in trafficking cases include:

• Pleading to a lesser charge – For example, pleading to pimping instead of trafficking.
• Pleading guilty to fewer counts – Admitting to trafficking one victim instead of five.
• Agreeing to a sentencing recommendation – Such as 10 years instead of 20 years.

However, because of the severity of these crimes, plea deals still often involve significant prison time. Prosecutors are less willing to give generous deals in trafficking cases.

Sentencing Enhancements

Beyond the base sentence, traffickers can also face sentencing enhancements that add additional mandatory prison time:

• Prior trafficking conviction – Adds an extra 10 years.
• Past conviction for a serious violent felony – Adds 15 years.
• Past conviction for a serious drug offense – Adds 10 years.

So the total sentence gets calculated by adding up the base sentence + enhancements. With multiple enhancements, sentences can quickly escalate to life behind bars.

Fines and Restitution

In addition to imprisonment, traffickers are often required to pay fines and restitution. Fines of up to $250,000 are common at the federal level. Restitution repays victims for things like:

• Medical expenses
• Therapy costs
• Lost wages
• Cost for relocating away from traffickers

Restitution amounts can be $100,000 or more per victim. Traffickers are required to pay restitution even if it takes decades to repay while in prison.

Asset Forfeiture

To fully disrupt trafficking operations, law enforcement will seize assets derived from trafficking activity. Assets subject to forfeiture include:

• Cash profits from trafficking
• Vehicles used for trafficking
• Properties where trafficking occurred
• Bank accounts connected to trafficking
• Jewelry purchased with trafficking money

Taking away assets and profits gained from exploitation is an important tool to fight human trafficking.

Loss of Rights

Beyond jail time, fines, and restitution, a trafficking conviction also leads to loss of certain rights and privileges:

• Voting – Most states ban convicted felons from voting for a period of time or for life.
• Gun ownership – Federal and state laws prohibit felons from possessing firearms.
• Certain professional licenses – Licenses for things like real estate, childcare, health care, or finance may be revoked.
• Public housing – Those convicted of trafficking may be banned from public housing.
• Travel restrictions – Traffickers convicted of sex tourism may be banned from international travel.

These collateral consequences further punish those involved in human trafficking.

Recidivism and Repeat Offenders

Harsh penalties are aimed at deterring trafficking. But some traffickers continue to offend even after serving substantial prison time. Recidivism remains an issue, often because trafficking rings are complex criminal networks. Lower-level traffickers get released from prison sooner and may go back to their old associates and activities.

For repeat offenders, penalties rapidly escalate. Prior trafficking convictions can trigger sentencing enhancements that add a mandatory 10 years or more in prison. With multiple prior convictions, sentences that amount to life imprisonment are common for career traffickers.

Efforts to Strengthen Penalties

While penalties are already severe, there are ongoing legislative efforts to strengthen anti-trafficking laws:

• Increasing minimum sentences – Setting higher mandatory minimums for trafficking convictions.
• Adding more sentencing enhancements – Such as for using the internet to facilitate trafficking.
• Increasing fines – Some advocate raising fines to $1 million per trafficking count.
• Allowing more civil lawsuits – Making it easier for victims to sue traffickers for damages.

The goal of these proposed changes is to deter trafficking, keep offenders imprisoned longer, and reduce the chance of recidivism through stricter punishment.

Controversies and Challenges

While there is broad agreement on getting tough on human trafficking, some aspects of current laws are controversial:

• Mandatory minimums – Critics argue judges should have more discretion to account for mitigating factors.
• Registration as sex offenders – Some argue this stigmatizes victims of sex trafficking.
• Third party liability – Websites and publishers can be liable for ads tied to trafficking.
• Overly harsh sentences – Life without parole sentences are challenged as unconstitutional.

There are also challenges with enforcement. Trafficking often crosses borders, so international cooperation is crucial. Corruption and complicity by government officials also undermine enforcement in some areas. And resources are lacking to identify victims, provide them services, and build cases against the organizers of trafficking operations.

The Bottom Line

In summary, human trafficking is considered an extremely serious crime. Federal and state laws impose lengthy prison sentences for both labor trafficking and sex trafficking. The penalties get harsher when children are victimized or force and coercion are used. While sentencing depends on specific case factors, typical prison time for a trafficking conviction is 20 years to life. Fines, restitution, asset forfeiture, and other penalties further punish traffickers and attempt to dismantle trafficking networks and recover profits derived from exploitation. Despite tough penalties, human trafficking remains a major human rights issue and continues on a large scale both domestically and abroad. Vigorous prosecution and prevention efforts remain necessary to combat this form of modern day slavery.