California Penal Code 236.1 PC – HUMAN TRAFFICKING LAWS IN CALIFORNIA
Throughout practicing criminal defense for the past 25 years, I have seen human trafficking-related offenses becoming more prevalent, and law enforcement has developed special units to investigate and prosecute these types of offenses.
Your best strategy to counter some of the harsh consequences and unfair practices surrounding 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 an issue that will be dismissed entirely, the best criminal defense attorneys know how to mitigate claims and get lesser charges for their clients.
Many of the human trafficking cases that I see center around some illegal sex-related activity and involve 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 case 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 proper role of the client is related to the subject conduct.
Sometimes I find that the authorities do not entirely understand what is going on with the case, and once we enlighten them, the case heads in a different direction, and the client is viewed in a different light than first suspected.
It would help if you had 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 starts at a disadvantage and with a challenging stigma to get rid of.
Trafficking Victims Protection Act
This is a federal act that addresses persons illegally trafficked in the United States for some action protected by law. This act authorizes the government to create specific units to combat human trafficking.
The authorities who deal with the enforcement of our laws have been given significant funds and power to make sure that victims across the United States are protected from those who would take advantage of them for some unlawful purpose.
I have also seen Americans prosecuted who attempt to commit some offense overseas that originates in the United States. For example, someone could become involved with a minor overseas by using a social media application and plan on committing a sex-related offense overseas. The United States government will arrest and prosecute these sorts of crimes. They do not care that the offender is preying on non-Americans; they are concerned with protecting victims no matter where they 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 every day to 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 to protect those victims who are involved with human trafficking activities.