Mar 21, 2024

Human Trafficking+ Laws, Charges & Statute of Limitations

Human Trafficking Laws, Charges & Statute of Limitations

Understanding Human Trafficking in the United States

Human trafficking involves the act of exploiting and controlling another person for profit. Both children and adults can be a victim of human trafficking. Human trafficking is a growing crime. State legislators are trying to create more laws that will address this issue.

Human Trafficking Charges

Anyone who coerces a person into performing labor or sexual acts can be charged with human trafficking. This charge applies to various forms of coercion. It is important to note that this coercion does not have to be physical. If someone is psychologically manipulated into performing an act, then the other person can be charged. Federal laws define human trafficking as compelling or coercing a person to provide labor or services.

What Is Sex Trafficking?

Sex trafficking is a type of human trafficking. A pimp/prostitute type of relationship can qualify as sex trafficking. However, one has to be able to prove that the victim was deprived of the individual liberties. The deprivation must be demonstrated clearly. A person can be coerced through the act of force, fear and violence. Child sex trafficking refers to the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a minor for commercial sex acts. However, if the victim is a minor, then there is no need to prove coercion. The law assumes minors cannot consent to such activities.

What Are the Punishments for Human Trafficking?

The penalties for human trafficking can vary from state to state. The following is a list of penalties that you can potentially face for human trafficking.

• The sentencing can vary from three to eight years. If a child is involved, then you can expect to spend at least four years in prison. The minimum increases with child victims.
• If rape is involved, then you can spend anywhere from three to eight years in prison.
• Sentences for kidnapping can range from three to 11 years
• If a person was kidnapped and a victim of a sex crime, then the punishment can be life in prison. This represents the most severe penalty.

You can also be charged a fine, which can exceed $500,000.

Sentencing Guidelines

There are several factors that a judge will take into consideration before sentencing someone. If the victim was under the age of 18, then you will face harsher penalties. The penalties will also be harsher if sex trafficking is involved. The federal sentencing guidelines provide enhanced sentences for human trafficking offenses. The following things may also add to your sentence.

• If you have committed sexual crimes in the past, then your punishment will likely be harsher. Prior offenses increase sentencing severity.
• The victim was hurt or killed as the result of human trafficking.
• The victim was held hostage for over 180 days.
• Multiple victims were involved.
• The defendant is a public official.

Statute of Limitations

There is no Statute of Limitations placed on human trafficking. There are some places that have a Statute of Limitations in place, but they are often ignored. Federal law extends the statute of limitations for civil actions involving human trafficking victims who were minors. The reason that there is typically no time limit on human trafficking is important. Human trafficking victims are often minors. They are also frequently afraid to come forward. This fear justifies extending or eliminating time limits.

The Legal Defense

It is important for you to hire an attorney if you have been accused of human trafficking. There has to be sufficient evidence in order to convict you of any crime. Your attorney can challenge the evidence that has been presented. They will also inform you of all of the rights that you have.

You should let your attorney know if the police violated your rights. For example, if the police obtain illegal evidence, then this is a violation. This violation matters for your case. Your attorney can prevent this evidence from being used against you in court.

In some cases, it may be best for you to accept a plea bargain. Your attorney can help you decide whether this is the best option for you to take. Accepting a plea deal may help you get off with a lighter punishment.

Human Trafficking+ Laws, Charges & Statute of Limitations