Human Trafficking: Laws, Charges & Statute of Limitations

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. 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 with human trafficking.

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. A person can be coerced through the act of force, fear and violence. However, if the victim is a minor, then there is no need to prove that the person was deprived of their liberty.

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.
• 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.

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 following things may also add to your sentence.

• If you have committed sexual crimes in the past, then your punishment will likely be harsher.
• 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.

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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. The reason that there is typically no time limit on human trafficking is because human trafficking victims are often minors and are afraid to come forward.

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 of your rights. 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.