Human Trafficking Criminal Defense

In today’s legal world, charges of human trafficking is one of the most serious and stigmatized allegations a person can face. The consequences of a conviction are incredibly serious, but even an arrest can be socially and personally devastating.

How are human trafficking charges defined, what are the potential consequences, and what should you do if arrested for human trafficking?

Human Trafficking Vs. Aggravated Human Trafficking

K.S.A. 21-5426 defines Human Trafficking as harboring, transporting, providing, or obtaining a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude or forced labor.

It is also illegal to benefit from Human Trafficking by receiving payment or anything of value
derived from a Human Trafficking enterprise.

Aggravated Human Trafficking brings with it enhanced legal penalties and is applied when Human Trafficking is conducted for the purposes of sexual gratification.

For example, a “massage parlor” that advertises lawful, non-sexual massages but in fact
provides sexual contact during massages, which are carried out by undocumented workers
forced to provide these sexual services.

What Are The Penalties For Human Trafficking?

Human Trafficking is a Level 2 Person Felony Offense. If convicted, a person with no criminal history will face 109-123 months in prison.

Aggravated Human Trafficking is a Level 1 Person Felony Offense in Kansas. If convicted, a person with no past criminal history will face 147 165 months in prison.

Both Human Trafficking and Aggravated Human Trafficking are a “Presumptive Prison Offense”, meaning it is understood that prison, rather than probation, is the standard punishment.

When An Alleged Victim Is Under 14 Years Of Age

If an alleged victim of Aggravated Human Trafficking is under the age of 14 and the defendant is over the age of 18, the charge is an “Off-Grid Felony”, the same offense changed under “Jessica’s Law”.

A conviction will result in Life in Prison without the opportunity for parole until 25 years have been served. If the defendant has a prior conviction for specific sexual offenses, there is no opportunity for parole until 40 years have been served.

Human Trafficking and Commercial Sexual Exploitation of a Child

A Human Trafficking charge can also include a charge of “Commercial Sexual Exploitation of a Child“ under K.S.A. 21-6422 if the defendant has hired a person under the age of 18 for sexual services.

This is a Level 4 Person Felony and a Presumptive Prison Offense, bringing with it 38-43 months in prison for a first offense, even if the defendant has no criminal history. A second conviction is a Level 2 Person Felony Offense and brings with it a 109-122 month prison sentence with no other prior criminal history.

How Sting Operations Are Set Up

Local Law Enforcement will often set up “sting” operations by posting ads for prostitution or sexual services on online platforms, such as “Backpage” and “Skip The Games”. When unsuspecting customers arrive (often at hotel rooms), Law Enforcement Officers suddenly emerge from an adjoining room and issue a citation for “Buying Sexual Relations” in violation of Kansas law.

In another variation on this type of sting, Law Enforcement may also offer an unsuspecting customer the opportunity to meet with a “younger” prostitute for a higher price. They will suggest that this “younger” prostitute is not at the hotel, but can be transported there on request.

If you agree to all of the above, you can now be charged with Aggravated Human Trafficking and Commercial Sexual Exploitation of a Child.

What To Do If You Are Arrested In A Sting

If you are arrested in a sting, the most important thing that you can do is to STOP TALKING.

DO NOT attempt to explain yourself to Law Enforcement. And while officers may have valid legal reasons to seize your phone, you are not legally obligated to verbally tell them the passcode. Such a verbal statement is “testimonial” in nature under the law and is protected by the 5th Amendment.

If arrested, simply remain silent and reach out to a seasoned prostitution defense attorney as soon as possible. Your attorney can forward written communication to the Law Enforcement Agency responsible for the operation and the Prosecutor’s Office responsible for filing any charges.

In these written communications, your lawyer will confirm your 5th Amendment right to remain silent and your 6th Amendment right to legal counsel. Your lawyer can also enter into dialogue with the Prosecutor responsible for making charging decisions.

If You Are Charged With Aggravated Human Trafficking

When you are facing charges of Aggravated Human Trafficking or Commercial Sexual Exploitation of a Child, the digital evidence gleaned from your phone or computer will be extremely important. This includes everything from the initial ad posted by Law Enforcement to your texts and phone calls to undercover officers.

All of this evidence must be preserved and made available for your defense attorney to inspect, and this evidence may also require independent forensic analysis by a private analyst. When you meet with a prospective defense attorney, be sure to ask them:

“Who will you use to conduct an independent forensic examination of the digital evidence in
my case?”

An inexperienced attorney will be confused by this question and have no idea who to hire or how to go about hiring them. An experienced attorney will already be considering who to reach out to and will understand how critical this evidence is to your case.

Remember, Law Enforcement can only go “so far” in sting operations without crossing a line into legal entrapment. A good, experienced criminal defense attorney will have a strong command of all available statutory and legal defenses when examining the evidence against you and when advising you on how to proceed.

Facing Human Trafficking Charges? Reach Out To Attorney Paul Cramm Today

Human trafficking defense attorney Paul Cramm has been representing clients in complex felony sex crimes cases in Kansas and Missouri since 2000. His meticulous dedication to preparation, deep understanding of the law, and decades of experience in the courtroom have proved invaluable to countless clients facing a variety of serious and compounded sex-based charges.

Remember, your freedom, legal rights, and the background of your case all matter. If you are facing charges of human trafficking, aggravated human trafficking, or the commercial sexual exploitation of a child, contact attorney Paul D. Cramm at (913) 322-3265 for an initial consultation today.