18 U.S.C. § 1581 - Federal Human Trafficking
Human trafficking often involves transporting people across international borders for sexual activity. All types of human trafficking are also often called "sex trafficking" and carry harsh legal penalties.
Federal law enforcement and prosecutors are unwavering in their mission to aggressively investigate and pursue convictions for these types of sex offenses, demonstrating their steadfast commitment to combatting sex trafficking.
18 U.S.C. 1581 prohibits human trafficking and other crimes, imposing severe punishments for anyone convicted of forcing another person into labor, sex trafficking children, or selling people.
The penalties under the statute are stringent, including life in federal prison, serving as a strong deterrent against such acts.
Under the Mann Act, passed by Congress in 1910, it's a federal offense to transport people across state lines or coerce them to travel across state lines to engage in prostitution. Federal prosecutors will use the Mann Act to punish anyone who participates in human trafficking.
Under 22 U.S.C. 7102(11)(A) defines forced labor (commercial sex trafficking) as the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services by force, fraud, or coercion for subjection to involuntary servitude, peonage, debt bondage, or slavery.
Most federal human trafficking cases involve moving people across a state or international border, which is why this crime falls under federal jurisdiction. Federal criminal charges are prosecuted in a federal court, which is much different than a state-level prosecution.
Example of Sex Trafficking
People from foreign countries are often recruited to come to the United States with the promise of employment opportunities. The traffickers will help gain illegal access into the U.S., often helping them avoid immigration agents at the border.
The traffickers will provide them with some type of employment and tell them they must work to pay for the expenses. Typically, they are told they have to work until their debt is paid, but the wages are so low that they can't pay the full amount the traffickers are seeking.
In sex trafficking cases, victims are usually forced to engage in prostitution to pay the alleged debt. They are often underage girls who are coerced to work in a brothel where the traffickers can maintain control over their activity.
Suppose you are under a federal criminal investigation for human trafficking, sex trafficking, or a related crime. In that case, you need to consult with a federal criminal defense lawyer to review the details of the accusations and legal options.
Federal Laws for Sex Trafficking
Let's examine some of the federal laws that deal with the crime of sex trafficking and related offenses.
The term "commercial sex act" means any sex act on account of which anything of value is given to or received by any person.
The Trafficking Victims Protection Act (TVPA) of 2000 created methods of prosecuting traffickers, preventing human trafficking, and protecting victims and survivors of trafficking. The act establishes human trafficking and related offenses as federal crimes.
This federal law imposes harsh, severe penalties for anyone who is convicted of human trafficking.
It also makes human trafficking a crime that a federal prosecutor can charge someone under the Racketeering Influenced Corrupt Organizations statute (RICO violation).
The TPVA also gives the judge the authority to order a defendant to pay restitution to their human trafficking victims, and it gives them the right to pursue civil damages against the defendant.
Other relevant laws that have sex trafficking as a federal crime are found within 18 U.S.C. Chapter 77 Peonage, Slavery, and Trafficking in Persons, including the following laws:
- 18 U.S.C. 1581 prohibits human trafficking and other crimes and describes legal punishments for anyone who is convicted of forcing another person to perform labor, sex trafficking children, and selling people.
- 18 U.S.C. 1583 imposes penalties for up to 20 years in prison for a defendant who is convicted of kidnapping another person for slavery.
- 18 U.S.C. 1584 imposes penalties for up to 20 years in prison for a defendant who is convicted of holding someone or selling them in involuntary servitude. If serious bodily injury or death occurs, or the crime involves kidnapping or sexual abuse, it carries a sentence of life in a federal prison.
What are the Related Federal Laws?
- 18 U.S.C. 1581 - Peonage: obstructing enforcement.
- 18 U.S.C. 1582 - Vessels for the slave trade.
- 18 U.S.C. 1583 - Enticement into slavery.
- 18 U.S.C. 1584 - Sale into involuntary servitude.
- 18 U.S.C. 1585 - Seizure, detention, transportation, or sale of slaves.
- 18 U.S.C. 1586 - Service on vessels in the slave trade.
- 18 U.S.C. 1587 - Possession of slaves aboard vessel.
- 18 U.S.C. 1588 - Transportation of slaves from the United States.
- 18 U.S.C. 1589 - Forced labor.
- 18 U.S.C. 1590 - Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor.
- 18 U.S.C. 1591 - Sex trafficking of children or by force, fraud, or coercion.
- 18 U.S.C. 1592 - Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor.
- 18 U.S.C. 1593 - Mandatory restitution.
- 18 U.S.C. 1593A - Benefit financially from peonage, slavery, and trafficking in persons.
- 18 U.S.C. 1594 - General provisions.
- 18 U.S.C. 1595 - Civil remedy.
- 18 U.S.C. 1595A - Civil injunctions.
- 18 U.S.C. 1596 - Additional jurisdiction in certain trafficking offenses.
- 18 U.S.C. 1597 - Unlawful conduct with respect to immigration documents.
Penalties for Federal Sex Trafficking
A conviction for a sex trafficking offense carries various penalties based on different factors, including the level of participation, such as:
- If a federal prosecutor can prove a defendant played a role in preparing to send a sex trafficking victim to the United States, they could face a sentence of seven years in a federal prison.
- If the defendant directly participated in the sex trafficking offense, they could be sentenced to up to 20 years.
- If the defendant sexually assaulted the victim, or it can be shown they were forced to engage in sexual-related activity without consent, they could be sentenced to life in a federal prison.
Defenses for Sex Trafficking Charges
Federal prosecutors will aggressively pursue harsh penalties for sex trafficking cases as they are considered one of the most severe sexual-related crimes in the federal criminal justice system.
However, the prosecutor must prove all the elements of the crime beyond any reasonable doubt. You will need an experienced federal criminal lawyer with the skills to uncover weaknesses in the case.
Suppose your lawyer can create reasonable doubt. In that case, you have a better chance of a favorable outcome.
Notably, your defense lawyers must be familiar with federal laws and procedures that are far different from state-level laws. We might be able to develop a defense strategy that can challenge crucial evidence in the case.
If you were accused of 18 U.S.C. 1581 human trafficking or any related crime, you might have legal options to challenge these charges.
We might be able to negotiate with the federal prosecutor for a lesser offense or to persuade them there is insufficient evidence to convict and dismiss the case. For more information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, California.
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