The use of humans through force, fraud or coercion with a view of exploiting them is known as Human Trafficking. The exploitation may sometimes be in the form of forced marriage or some other slavery for sexual exploitation or forced labor. Contact our Human Trafficking Defense Lawyers In Boise Idaho if you have been accused of such a crime.
Human Trafficking, however, does not always involve conduct as severe as that typically reported in the news. Often times when people talk about Human Trafficking or Sex Trafficking, they have the idea of individuals being forced into slavery from other countries and brought into the state or taken out of the state as part of a Human Trafficking or Sex Trafficking ring. Although this type of activity does happen, it is not true of much of the conduct that can fall under Human Trafficking or Sex Trafficking in the state of Idaho.
What are the Laws Against Human Trafficking in Idaho?
Human trafficking is essentially forcing someone into fulfilling some service improperly. It does not require that another person is transferred from one place to another. In Idaho, Sex Trafficking is also considered Human Trafficking.
Idaho Code 18-8602 defines Human Trafficking as the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Examples of the types of force, fraud, or coercion may include the following
- Threatening serious harm, or physical restraint against a third person
- Destroying, concealing, removing or confiscating any passport, immigration document, or other ID.
- Abusing or threatening abuse of the law or legal process against a person
- Using a condition of a person being a debtor due to pledge of the debtor’s personal services or the personal services of a person under the control of the debtor as as security for debt
- Using a condition of servitude by means of any scheme, plan or pattern intended to cause a reasonable person to believe that if the person did not enter into or continue in a condition of servitude, that person or a third person would suffer serious harm or physical restraint or would be threatened with abuse of the legal process.
When is Sex Trafficking also Human Trafficking in Idaho?
Certain Sex Trafficking activities are considered Human Trafficking in the State of Idaho. For example, per Idaho Code 18-8602, a person under the age of 18 who is forced into commercial sexual activity (i.e. prostitution) by another is not just Sex Trafficking, but also Human Trafficking.
What is Sex Trafficking in Idaho?
Per Idaho Code 18-8602, Sex Trafficking includes “all forms of commercial sexual activity.” Commercial Sexual Activity is a defined term under Idaho Code 18-8602(c), and includes the following:
- Using a person under the age of 18 for prostitution involving sexual conduct or contact
- Sexually explicit performance
- The participation in the production of pornography
Upon being convicted of human trafficking or sex trafficking, you can expect to be penalized with lengthy terms in prison, hefty fines and severe social stigma. In Idaho, it is likely you will also have to register as a sex offender with local authorities. If you are charged with committing a human trafficking or sex trafficking offense, get in touch with our skilled Boise criminal defense attorneys at Hooper Law Offices without delay to get your case reviewed at no charge.
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What Will The Prosecution Focus On In My Human Trafficking Case?
Below, we will explore some of the issues prosecuting attorney will focus on as they prepare for your trial. These are the same questions that we will also focus on as we prepare for your defense.
- What was the age of the people/persons who were involved in your human trafficking or sex trafficking case?
- Was there any use of force or coercion to make the victim participate in labor services or sexual acts?
- If the sex trafficking case involved prostitution, was it promoted as an ‘escort service’?
- Was your human trafficking case part of a bigger trafficking ring?
- What are the nationalities of the individuals involved in the case?
In America, human trafficking takes several forms. They include:
Smuggling of Aliens (people without proper documentation)
This refers to when an alien pays cash to be trafficked into the country.
Trafficking for Purposes of Providing Cheap Labor
This refers to the movement of undocumented workers across states so that they can provide labor below the recommended minimum wage when working in factories, fields or domestic help.
The exploitation of People Without Proper Immigration Papers
This refers to when undocumented workers are held in captivity and forced to work in poor conditions in direct contravention to their basic human rights.
This is when force, fraud, or other coercion is used to compel victims to engage in prostitution. It can also involve the movement of young boys and girls across state borders with a view of forcing them to engage in a sex ring or in the production of explicit videos.
Facilitation of Illegal Child Adoptions
This refers to when one passes off abandoned children, orphans or kidnapped children as legitimate for adoption to prospective parents.
The moment you are arrested on suspicion of being involved in human trafficking or sex trafficking case, things will start getting bad fast. To ensure that your rights are protected from your moment of arrest, it is best that you get in touch with our human trafficking defense lawyers at Hooper Law Offices.
Based on its legal definition, Human Trafficking can also encompass other charges. The conduct in Human Trafficking cases may also fall under definitions of other criminal violations such as the following:
- Sex trafficking
What are the Penalties for Human Trafficking and Sex Trafficking in Idaho?
Idaho Code 18-8603 states the maximum penalties for Human Trafficking at Twenty-Five years, unless there is a more severe penalty prescribed bylaw. One of the situations where the penalty is higher as prescribed by law is when dealing with Sex Trafficking under Idaho Code 18-5610 which states that the penalty will be not less than 2 years and up to life. The fine prescribed is no more than $50,000.
Given the severity of the penalties, it is important to call us to get started with your defense.
How Do I Protect My Legal Rights If I Am Charged With Human Trafficking?
If you are arrested for human trafficking or sex trafficking, there are several defense options that you can explore. Prosecutors at the federal and state level have the responsibility of proving your guilt and ensuring that all the evidence against you is handled properly.
On choosing to affiliate with our attorneys at Hooper Law Offices in Boise, you can be sure that we will take every opportunity at our disposal to strengthen your defense. For starters, we will scrutinize all the evidence at the disposal of the prosecution to see if it is enough to prove you guilty for the crimes you have been accused of committing. If the evidence is insufficient, we will fight to get your charges reduced or dismissed entirely.
Further, we will also fight tooth and nail to ensure that your constitutional rights do not get violated from the moment you are arrested. If the prosecution tries to bring in evidence that has been collected illegally, there is a possibility of getting your charges reduced or the entire case against you thrown out. If you have not yet been arrested and we find out that the evidence against you was collected illegally, we can even prevent your arrest in the first place!