The crime of human trafficking in Texas involves the act of using people for different purposes. Some of them can include but, may not be limited to:
- Commercial sex exploitation.
- Forced labor.
- Forced marriages.
- Organ extraction.
- Sexual slavery.
- Surrogacy arrangements.
These kinds of crimes can involve undocumented immigrants or minor children and are considered to be a modern form of slavery. The penalties for human trafficking charges in Texas can be extremely severe, which can include the following:
- Long prison sentences.
- Substantial fines.
- Restitution payments to victims.
- The forfeiture of assets.
Aside from the social stigma that the offender may feel once he or she has been charged, prosecutors will make an aggressive attempt to seek the maximum possible penalty.
Types of Human Trafficking Charges
There are federal laws that deal with the crime of human trafficking. Some of them include but, may not be limited to:
- Peonage — Also referred to as “debt slavery” or “debt servitude,” peonage is committed when someone compels another individual to pay of a debt with work. Anyone who holds or returns someone to this kind of condition in any manner can face up to 20 years in prison (in addition to being fined). If it involves the death, kidnapping, or sexual abuse of the victim, the alleged offender can get a life sentence in prison.
- Sale Into Involuntary Servitude — Anyone who knowingly and willfully holds someone to involuntary servitude or sells someone into any condition of involuntary servitude can be fined and may face up to 20 years in prison. If it involves the death, kidnapping, or aggravated sexual abuse of the victim, the alleged offender can face life in prison.
- Forced Labor — Anyone who knowingly provides or receives labor or services from someone by means of force, threats of force, physical restraint, or threats of physical restraint to the victim or some other person can face up to 20 years in prison (in addition to being fined). You can also be guilty of this crime if you knowingly benefit (either through financial means or by receiving anything of value) from participating in this kind of venture. If it involved the death, kidnapping, or aggravated sexual abuse of the victim, you could face life in prison.
Be sure to speak to a qualified attorney for more information.
Provisions Under the Victims of Trafficking and Violence Protection Act
The Victims of Trafficking and Violence Act (TPVA) is a federal statute that was passed into law in 2000 and has since been reauthorized in 2003, 2005, 2008, and 2013. Some the provisions of the TPVA include but, may not be limited to:
- Mandatory Restitution — This provision allows the court to require a convicted offender to pay the victim the full amount of the losses he or she suffered because of the crime. This can include the greater of the gross income or value to the defendant as a result of the victim’s services or labor as well as the value of the victim’s labor under the minimum wage and overtime guarantee listed in the Fair Labor Standards Act.
- Property Forfeiture — This provision allows the court to order a convicted offender to forfeit any real or personal property that was used or was intended to be used for the purpose of committing the crime of human trafficking in Texas.
- Civil Remedy — This provision allows the victim to take civil action against any perpetrator or beneficiary of a human trafficking violation in an appropriate district court, as well as to recover any damages and reasonable attorney fees.
Be sure to speak to a qualified attorney for more information.
Federal Mandatory Minimum Penalties for Human Trafficking in Texas
There are mandatory minimum prison sentences for certain human trafficking crimes. Some of them include but may not be limited to:
- A mandatory minimum sentence of 15 years in prison for the sex trafficking of a child under 14 years of age.
- A mandatory minimum sentence of 10 years in prison for the sex trafficking of a child who is at least 14 years of age but, is younger than 18 years of age that didn’t involve force, threats of force, fraud, or coercion.
- A mandatory minimum sentence of 20 years in prison for engaging in an enterprise that involves the exploitation of children.
- The sex trafficking of a child when the alleged offender has had prior sex-crime convictions can lead to a mandatory life sentence.
Be sure to speak to a qualified attorney for more information.
Possible Defenses Against Human Trafficking Charges in Texas
If you have been charged with human trafficking in Texas, you may feel as if you have been found guilty before you step into the courtroom. But, there are some defenses that can help you get the charges reduced or even dismissed. Some of them can include but, may not be limited to:
- Illegal search and seizure.
- Lack of evidence.
- Lack of probable cause.
- Alleged victim willfully participated in the activities.
- You had no financial incentive.
- You had no illegal intent.
- You weren’t aware of the victim’s immigration status.
If you’re facing human trafficking charges in Texas and are looking for a criminal defense lawyer in Corpus Christi to help you with your case, be sure to get in touch with Gale Law Group. Also, make sure to call the National Human Trafficking Hotline at (888)373-7888 if you or someone you know is a victim of this kind of crime.