Have you been charged with a human trafficking crime in Texas? You need practical, aggressive legal representation if so. Penalties for human trafficking convictions can range from thousands of dollars in fines to life in prison. Thus, hiring an experienced criminal defense attorney is crucial to protecting your future.
At the Case J. Darwin Law Office, we understand how overwhelming it can be to face criminal charges. We know that your rights and freedom are at stake, so we take the time to listen to your story and craft a defense strategy tailored to your needs and goals. As a former prosecutor, Case J. Darwin is familiar with the prosecution’s strategies and can poke holes in their story to introduce reasonable doubt.
Remember, just because you face criminal charges does not mean you are guilty. Contact us today for a free consultation with a human trafficking lawyer in Texas to learn more about your rights and legal options.
What is Human Trafficking?
Under Texas law, human trafficking, or trafficking of persons, occurs when a person knowingly:
- Traffics another person with the intent that the trafficked person engage in forced labor or services,
- Receives a benefit from participating in a venture that involves trafficking another person for forced labor or services,
- Traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in prostitution or similar crimes under Texas law
- Engages in sexual conduct with a person trafficked and, through force, fraud, or coercion, made to engage in prostitution
The law also prohibits the trafficking of a child or disabled individual with the intent to force them to engage in forced labor or services or to become the victim of various crimes, including child pornography. A conviction for human trafficking of children or disabled persons may carry stiffer penalties.
What is Continuous Trafficking of Persons?
Texas law defines continuous trafficking of persons as an offense where a person, during 30 days or more, engages two or more times in the trafficking of persons against one or more victims.
What is the Penalty for a Texas Trafficking of Persons Offense?
Trafficking of persons is charged as either a second-degree felony or a first-degree felony in Texas, depending on the circumstances. Trafficking of persons is a first-degree felony if:
- The victim is a child (even if the actor didn’t know the victim’s age at the time)
- The victim is disabled
- The crime results in the death of or serious bodily injury to the victim
- The crime causes the death of the victim’s unborn child
- The actor used or brandished a deadly weapon while committing the crime
- The actor intentionally or recklessly blocked a victim’s breathing when committing the crime
- The actor recruited a victim from a runaway youth treatment center, homeless treatment center, or similar institution serving vulnerable individuals who may be at risk of being human trafficking victims
Under Texas law, a first-degree felony conviction is punishable by:
- Five to 99 years in prison or life in prison
- Fines of up to $10,000
A second-degree felony conviction in Texas is punishable by:
- Two to 20 years in prison
- Fines of up to $10,000
Some individuals who are guilty of human trafficking in Texas will also have to register as sex offenders. Per the Texas Code of Criminal Procedure, someone convicted of trafficking of persons in Texas will have to register as a sex offender if any of the following apply:
- The actor trafficked a victim for the purposes of various forms of prostitution under Texas law
- The actor benefited from participating in the trafficking of a victim for the purposes of prostitution
- The actor engaged in sexual acts with a victim of trafficking for the purposes of prostitution
- The actor trafficked a child or disabled individual for the purposes of prostitution, child pornography, sexual assault, or other similar crimes
- The actor benefited from participating in the trafficking of a child or disabled individual for the purposes of prostitution, child pornography, sexual assault, or other similar crimes
- The actor engaged in sexual acts with a child or disabled individual being trafficked for the purposes of prostitution, child pornography, sexual assault, or other similar crimes
A person found guilty of continuous trafficking of persons may also have to register as a sex offender if any of the above apply.
What are the Different Types of Trafficking?
There are various types of human trafficking. According to the U.S. Department of State, they include:
- Forced labor – Forced labor human trafficking involves forcing, coercing, or manipulating someone to provide labor or services. This form of human trafficking can occur even within legal industries, such as hospitality, agriculture, and so on. Domestic servitude is a subset of forced labor in which a trafficker requires a victim to work in a private residence, isolating them from others. Forced child labor is a subset of forced labor involving child victims. Traffickers often target children because they are vulnerable.
- Sex trafficking – This form of human trafficking involves forcing, coercing, or manipulating someone to engage in commercial sex acts. The “commercial” element differentiates sex trafficking from similar crimes, like rape. Sex trafficking involving children or disabled individuals typically carries harsher punishments due to the vulnerability of the victims involved.
Contact a Texas Human Trafficking Defense Attorney
If you’re facing charges of human trafficking in Texas, you need experienced legal assistance to protect your rights and future. Don’t wait to reach out to the Law Office of Case J. Darwin. We understand that the stakes are high, so we will investigate your case and examine all of your legal options to get you the best possible outcome. Remember, you are innocent until proven guilty beyond a reasonable doubt. As a former prosecutor, Case J. Darwin knows how to counter the state’s arguments and work to get the charges against you reduced or dropped altogether.
Contact a Texas human trafficking defense attorney with Law Office of Case J. Darwin today for a free, confidential consultation and learn more about what we can do for you.
