Arrested or Charged with Human Trafficking for Sexual Purposes (Penal Code § 236.1) in California?

If you or someone you know has been arrested or charged with human trafficking under California Penal Code § 236.1, it’s crucial to understand the nature of this offense, its potential consequences, and your legal options.

At David P. Shapiro Criminal Defense Attorneys, we defend individuals facing criminal charges, including those related to human trafficking. Our experienced sex crimes attorneys are here to guide you through this challenging time and protect your rights.

Human Trafficking Charges in California

California Penal Code § 236.1 defines several forms of human trafficking, with subsections (b) and (c) specifically addressing trafficking for sexual purposes. Let’s break down the key elements of this law to build a thorough understanding of these charges.

Definition of Human Trafficking for Sexual Purposes

Human trafficking for sexual purposes generally involves depriving or violating someone’s personal liberty with the intent to obtain forced labor or services, including commercial sexual acts. The law distinguishes between trafficking of adults and minors:

1. Trafficking of Adults (§ 236.1(b)): A person is guilty of human trafficking if they deprive or violate the personal liberty of another person with the intent to effect or maintain violations of various sex crimes, including pimping, pandering, and creation of child pornography.
2. Trafficking of Minors (§ 236.1(c)): This subsection specifically criminalizes causing, inducing, or persuading a minor to engage in a commercial sex act, with the intent to violate various sex crime statutes. Importantly, the consent of a minor victim is not a defense, nor is mistake of fact about the victim’s age.

Key Elements of Human Trafficking Charges

To secure a conviction for human trafficking for sexual purposes, prosecutors must prove several elements beyond a reasonable doubt:

1. The defendant deprived or violated the personal liberty of another person (for adult victims) or caused, induced, or persuaded a minor to engage in a commercial sex act (for minor victims).
2. The defendant acted with the specific intent to effect or maintain a violation of specified sex crimes.
3. For cases involving minors, the victim was under 18 at the time of the offense.
4. The defendant used force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury (this element leads to enhanced penalties if proven).

Understanding these elements is crucial, as the prosecution must prove each one beyond a reasonable doubt for a conviction to occur.

Defining Key Terms

The statute provides specific definitions for several important terms:

• Commercial Sex Act: Sexual conduct for which anything of value is given or received.
• Deprivation or Violation of Personal Liberty: Substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury.
• Coercion: Includes schemes to cause a person to believe failure to act would result in serious harm, abuse of legal process, debt bondage, or facilitating drug use to impair judgment.
• Duress: Includes threats of force, violence, danger, or retribution, as well as threats related to immigration documents.

These definitions help clarify the broad scope of behaviors that can fall under human trafficking charges.

Penalties for Human Trafficking for Sexual Purposes

The penalties for human trafficking in California are extremely severe, reflecting the gravity with which the state views these offenses.

For violations of § 236.1(b) (trafficking of adults):

• 8, 14, or 20 years in state prison
• A fine of up to $500,000

For violations of § 236.1(c) (trafficking of minors):

• 5, 8, or 12 years in state prison and a fine of up to $500,000
• If force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of injury was involved: 15 years to life in prison and a fine of up to $500,000

Additional Consequences

Beyond the lengthy prison sentences and hefty fines, a conviction for human trafficking can have numerous other severe consequences:

1. Lifetime sex offender registration
2. Restitution to victims
3. Asset forfeiture
4. Immigration consequences for non-citizens, including deportation
5. Loss of professional licenses
6. Severe difficulty finding employment or housing after release
7. Strained personal and family relationships due to the nature of the offense

Given the life-altering nature of these penalties, it’s absolutely crucial to mount a strong defense against human trafficking charges with the help of an experienced attorney.

Aggravating Factors

Several factors can lead to enhanced penalties in human trafficking cases:

1. Involvement of a minor victim
2. Use of force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of injury
3. Infliction of great bodily injury on the victim
4. Prior convictions for human trafficking or other sex offenses

The presence of these factors can significantly increase prison sentences and fines.

Defenses to Human Trafficking Charges

While human trafficking charges are extremely serious, there are several potential defenses that an experienced attorney can explore:

Lack of Intent

The prosecution must prove the defendant had the specific intent to commit human trafficking. If the defendant did not intend to deprive someone of liberty or cause them to engage in commercial sex acts, this could be a valid defense.

Insufficient Evidence

Given the nature of human trafficking cases, there may not always be enough evidence to prove all elements of the crime beyond a reasonable doubt.

Mistaken Identity

In some cases, the defendant may have been wrongly identified as the person responsible for trafficking activities.

Duress or Coercion of the Defendant

If the defendant was themselves a victim of trafficking or under extreme duress, this might serve as a defense in some circumstances.

Constitutional Violations

If law enforcement violated the defendant’s constitutional rights during the investigation or arrest (such as conducting an illegal search), it may be possible to suppress certain evidence or even have charges dismissed.

False Accusations

Unfortunately, false accusations do occur. An experienced attorney can investigate the circumstances surrounding the charges and potentially expose false claims.

Consent of the Victim (for adult victims only)

While not a complete defense, evidence that an adult victim consented to the alleged activities might help challenge some elements of the charges. However, it’s crucial to note that consent is never a defense when the victim is a minor.

Hiring a San Diego Human Trafficking Attorney

If you’re arrested or charged with human trafficking, it’s absolutely critical to seek legal representation immediately. Here’s why:

1. Protection of Your Rights: An experienced attorney can ensure your constitutional rights are protected throughout the legal process, preventing law enforcement or prosecutors from taking advantage of you.
2. Case Evaluation: A skilled lawyer can thoroughly review the evidence against you and identify potential weaknesses in the prosecution’s case. This early evaluation is crucial for building a strong defense strategy.
3. Development of Defense Strategy: Based on the specifics of your case, your attorney can develop a robust defense strategy tailored to your unique situation. This might involve challenging evidence, identifying constitutional violations, or negotiating with prosecutors.
4. Negotiation with Prosecutors: In some cases, it may be possible to negotiate with prosecutors for reduced charges or penalties. An experienced attorney will know when this approach is advisable and how to pursue it effectively.
5. Trial Representation: If your case goes to trial, you need a vigorous defense to challenge the prosecution’s evidence and present your side of the story. A skilled trial attorney can make a significant difference in the outcome of your case.
6. Mitigation of Penalties: Even if a conviction cannot be avoided, an experienced attorney can work to minimize the penalties you face, potentially securing a shorter sentence or avoiding some of the collateral consequences of a conviction.

Protecting Your Rights and Future

Being charged with human trafficking for sexual purposes in California is one of the most serious legal situations a person can face. The penalties are severe, and the collateral consequences can impact every aspect of your life. However, an arrest or charge does not necessarily mean a conviction. With skilled legal representation, you can fight these charges and protect your rights and your future.

It’s crucial to understand that the legal system is complex, and the stakes in human trafficking cases could not be higher. Every moment counts when building your defense. If you or someone you know is facing human trafficking charges, it’s imperative to seek experienced legal counsel immediately.

Remember, you have rights, and you deserve a robust defense. Don’t let the gravity of the charges overwhelm you into inaction. The sooner you secure legal representation, the better your chances of achieving a favorable outcome.

Note: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and the specifics of your situation may affect the applicability of the information provided. Always consult with a qualified attorney for legal advice tailored to your individual circumstances.