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Philadelphia Federal Sex Trafficking Charges: Laws, Penalties and Defenses
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Philadelphia Federal Sex Trafficking Charges: Laws, Penalties and Defenses
Sex trafficking is a serious federal crime that involves using force, fraud, or coercion to induce another person to engage in commercial sex acts. In Philadelphia, federal prosecutors are aggressively pursuing sex trafficking charges against defendants under federal laws such as the Trafficking Victims Protection Act.
If your charged with sex trafficking in Philadelphia, your facing potentially severe penalties. Understanding the laws, penalties, and possible defenses is critical to protecting your rights and future. This article provides an overview of key issues to understand.
Federal Sex Trafficking Laws
There are several federal laws that prosecutors use to charge sex trafficking crimes in Philadelphia:
- Trafficking Victims Protection Act (TVPA) – Makes it a federal crime to knowingly recruit, harbor, transport, provide, obtain, or maintain a person for labor or services through force, fraud, or coercion. Covers sex trafficking of adults and minors.
- Mann Act – Prohibits transporting individuals across state lines for prostitution or other illegal sexual acts. Frequently used in sex trafficking cases.
- Travel Act – Prohibits interstate or foreign travel or use of mail/internet to distribute proceeds of or promote unlawful activity, including prostitution offenses. Used to prosecute sex traffickers.
Prosecutors often bring charges under multiple federal laws, as well as state laws, to ensure the most serious penalties possible. The allegations can include operating an interstate prostitution enterprise, transporting victims across state lines, or using force or coercion to cause victims to engage in commercial sex.
Penalties for Federal Sex Trafficking Convictions in Philadelphia
A federal conviction for sex trafficking in Philadelphia can lead to decades in prison along with massive fines and asset forfeiture. Key penalties include:
- Up to life in prison under the TVPA for sex trafficking by force, fraud or coercion. A non-coercion offense carries up to 20 years.
- Up to 10 years under the Mann Act for transporting an individual for prostitution or other illegal sexual activity.
- Up to 5 years under the Travel Act for facilitating or promoting unlawful activity involving prostitution.
- Fines up to $250,000 per count.
- Asset forfeiture – the government can seize property linked to the alleged trafficking.
- Restitution to victims.
- Sex offender registration upon release from prison.
Given the severity of these penalties, the risks of going to trial versus negotiating a plea bargain should be carefully weighed. An experienced federal criminal defense lawyer is essential.
Defenses to Federal Sex Trafficking Charges
While sex trafficking cases can appear clear-cut, there are often weaknesses in the government’s case that a skilled defense lawyer can exploit. Possible defenses include:
- No “force, fraud or coercion” – For adult trafficking, prosecutors must prove the use of force, fraud or coercion. Consenting sex workers may undermine this.
- No interstate nexus – The government must show commerce crossed state lines, which is not always clear.
- Entrapment – The defendant was induced by law enforcement to commit a crime they otherwise wouldn’t.
- Duress – The defendant only engaged in the conduct because of threats against them or loved ones.
- Misidentification – Mistaken identity of the defendant as the perpetrator.
- False allegations – Trafficking “victims” lie for revenge, leniency in their own cases, or other motives.
An experienced federal criminal defense attorney will thoroughly investigate the facts of the case and identify viable defenses to achieve the most favorable outcome possible. This can mean getting charges dismissed pre-trial, pursuing an acquittal at trial, or negotiating a favorable plea agreement with reduced charges/penalties. The stakes are high, so skilled legal advocacy is a must.
Conclusion
Federal sex trafficking charges in Philadelphia should never be taken lightly. The potential penalties are severe, and the government devotes substantial resources to prosecuting these cases. However, viable defenses are often present with effective advocacy. If you or a loved one is facing prosecution for sex trafficking, immediately engage an attorney experienced in these complex cases to protect your rights. An aggressive defense can make the difference between decades in prison versus preserving your freedom.
References
Trafficking Victims Protection Act (18 U.S.C. §1591)
DOJ Press Release on Philadelphia Sex Trafficking Sentences
US v. Pew – ED Pa. 2020 (sex trafficking jury instructions)