CALIFORNIA CRIMINAL LAWYERS

Los Angeles Human Trafficking

The Severe Consequences of Human Trafficking in California

Human trafficking is a heinous crime that seeks to exploit and abuse the personal liberty of individuals for various unlawful purposes. In California, human trafficking is defined by the California Penal Code 236.1 PC, which states that human trafficking occurs when a person is deprived of personal liberty through the use of force, fear, or fraud with the intention to exploit them for labor or services.

Another form of human trafficking occurs when an individual is coerced to engage in commercial sexual activity or pornography. The severity of this offense has prompted Californians to pass Proposition 35 in 2012, also known as the Californians Against Sexual Exploitation Act. This act heightened the penalties for those convicted of human trafficking crimes.

Penalties for Human Trafficking in California

Human trafficking is considered a felony in California. Those who are convicted for human trafficking with the intention to exploit individuals for forced labor could face five to twelve years in prison and a fine of $500,000, while those who commit the act with the intent to violate California laws regarding commercial sex, child pornography, or extortion could be sentenced to eight to twenty years in a state penitentiary plus a fine not exceeding $500,000.

In addition to this, individuals who are convicted of human trafficking are required to register with the California Sex Offender Registration Act. This means that convicted individuals will be under the scrutiny of California’s law enforcement officials for the rest of their lives.

If a defendant is found guilty of trafficking minors for commercial sexual acts, they could be sentenced to five to twelve years in prison. However, if there is evidence of force, fear, or violence in the trafficking, then the defendant could be sentenced to fifteen years to life in prison. In this instance, the defendant could also receive a fine not exceeding $500,000 and will be required to register with the California Sex Offender Registration Act.

Examples of Human Trafficking

Human trafficking assumes various forms, such as sex trafficking and labor trafficking. Here are a few examples of human trafficking that are common:

• An individual illegally brings in several minor females from Mexico into the United States by promising them a better life. Once they are in the country, they are coerced into working as prostitutes through force and violence.
• An individual convinces men and women from Mexico to come to the United States to work for them. The employer provides immigrants with housing but refuses to pay wages and threatens them with violence. In addition, the individual threatens to report the immigrants to the authorities for being in the country illegally.

Fighting Human Trafficking Charges in Court

Fighting human trafficking charges is a challenging endeavor that requires a skilled and experienced legal team. There are many ways to defend against human trafficking charges in court, including:

Being Falsely Accused

There are cases where a disgruntled employee falsely accuses their employer of human trafficking. If a defendant is falsely accused, it is imperative to have a legal team that can prove unequivocally that the allegations are false.

The Alleged Victim Was Not Deprived of Their Liberty

There are numerous instances when an individual accuses another of human trafficking, but the alleged victims were not deprived of their liberty. For example, if an employer has no cause to prevent an employee from leaving the workplace, but the employee felt he or she could not leave, then they were not deprived of their liberty.

A skilled legal team can ensure that those charged with human trafficking receive expert legal representation that will prevent incarceration, a hefty fine, or having to register with the sex offender registry.