California Penal Code 236.1 PC – HUMAN TRAFFICKING LAWS IN CALIFORNIA
Over the course of practicing criminal defense for the past 25 years I have seen human trafficking related offenses becoming more and more prevalent and law enforcement has developed special units to investigate and prosecute these type of offenses.
Your best strategy to counter some of the harsh consequences and unfair practices that surround the prosecution of human trafficking cases is to hire a solid criminal defense attorney who has fought these cases and won. Even if you do not have a case that will be completely dismissed, the best criminal defense attorneys know how to mitigate cases and get lesser charges for their clients.
Many of the human trafficking cases that I see center around some sort of illegal sex related activity and involved individuals from outside the United States who are being brought into the U.S. for some purpose to make money and there is typically sex involved.
Anytime I see people making money under the radar, the federal or state government will try and come in and get their piece of the pie as far as taxes and compensation for the money being exchanged by the involved parties. If that money is illegally being made, then the government will seek to take it all and prosecute the offenders to the full extent of the law.
When I defend a human trafficking cases in either state or federal court, I sit down with the client first and get everything out on the table, so we can determine whether the police and prosecutors even understand what is going on with the facts of the particular case and what the true role of the client actually is related to the subject conduct.
Sometimes I find that the authorities do not completely understand what is going on with the case and once we enlighten them, the case heads in a totally different direction and the client is viewed in a totally different light than first suspected.
You must have an attorney on your side when it comes to these cases, so you are not taken advantage of and so that your version of events is presented to the right people at the right time. In my experience, because of the political backlash that these human trafficking cases carry, the defendant start off at a disadvantage and with a stigma that is very difficult to get rid of.
Trafficking Victims Protection Act
This is a federal act that addresses persons who are being illegally trafficked in the United States for the purpose of some act that is protected by law. This act authorizes the government to create certain units in order to combat human trafficking across the nation.
The authorities who deal with the enforcement of our laws have been given significant funds and authority to make sure that victims across the United States are protected from those individuals who would take advantage of them for some unlawful purpose.
I have also seen Americans prosecuted who are attempting to commit some offense overseas that originates in the United States. For example, someone could become involved with a minor overseas through the use of some sort of a social media application and plan on committing a sex related offense overseas. The United States government will arrest and prosecute these sort of offenses. They do not care that the offender is preying on non-Americans, they are concerned with protecting victims no matter where they my reside.
22 U.S.C Section 7102
This code section is meant to combat and fight against illegal human trafficking that is occurring all over the globe. Many people are brought into the United States everyday so that they can be illegally taken advantage of and the United States government is actively in the business of protecting and fighting for these victims.
They have created many laws and task forces specifically designated with the job of protecting those victims who are involved with human trafficking activities.