According to California Penal Code Section 236.1, the crime of human trafficking is depriving another person of his personal liberty with the specific intent to obtain forced labor or to violate California’s child pornography, California laws against extortion and blackmail or pimping and pandering laws; trying to persuade a minor to engage in commercial sex acts.
What is the California Penal Code Section 236.1(a)?
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(a):
- Defendant deprived another one of his personal liberty or violated that person’s personal liberty. Also, depriving or violating someone’s personal liberty is defined as a sustained restriction of that person’s liberty through deceit, coercion, duress, force and fraud, violence, or threat of injury.
- Defendant had an intention to obtain forced labor or service.
Penalties for violating Penal Code Section 236.1(a) are the following:
- Five, eight, or twelve years in state prison in California
- A fine of up to $500,000.
- Felony probation
What is the California Penal Code Section 236.1(b)?
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(b):
- Defendant deprived another one of his personal liberty or violated that person’s personal liberty
- Defendant had an intention to commit one of the following crimes associated with Penal Code Section 236.1(b):
- Enticing a female under the age of 18 to engage in prostitution: California Penal Code Section 266
- Pimping: California Penal Code Section 266h
- Pandering: California Penal Code Section 266i
- Procurement of a child under the age of 16 for lewd or lascivious acts: California Penal Code Section 266j
- Abduction of a person under the age of 18 for purposes of prostitution: California Penal Code Section 267
- Transporting or distributing child pornography: California Penal Code Section 311.1 or 311.2
- Developing, duplicating, printing, or exchanging child pornography: California Penal Code Section 311.3
- Employing minors to participate in child pornography: California Penal Code Section 311.4
- Advertising obscene material: California Penal Code Section 311.5
- Production of obscene live performances: California Penal Code Section 311.6,
- Extortion/blackmail: California Penal Code Section 518.
Penalties for violating Penal Code Section 236.1(b) are the following
- Eight, fourteen, or twenty years in California state prison
- A fine of up to $500,000
- Registering as a sex offender.
- Felony probation
What is the California Penal Code Section 236.1(c)?
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(c):
- Defendant caused, persuaded, or induced or a minor to engage in a commercial sex act. Defendant can be convicted even if he was honestly mistaken about the victim’s age.
- Defendant had an intention to commit one of the crimes associated with Penal Code Section 236.1(b)
Penalties for violating Penal Code Section 236.1(c) are the following
- Five, eight, or twelve years in California state prison. In case the defendant committed the crime through deceit, coercion, duress, force and fraud, violence, or threat of injury then the prison sentence will increase to fifteen years to life.
- A fine of up to $500,000
- Registering as a sex offender
- Felony probation
Legal Defenses to California Penal Code Section 236.1
To convict a person under Penal Code Section 236.1 the prosecutor has to prove that he deprived the victim of his personal liberty. However, in case the person can prove that the alleged victim willfully participated and there was no deprivation of personal liberty, he can’t be found guilty of this crime.
In some human trafficking cases, a defendant can prove that the alleged victim made the accusation against him for motives of favorable treatment, out of anger, gaining sympathy, or jealously.
If the defendant inflicted great bodily injury on a victim he will face an additional term of five, seven, or ten years in prison. In case the defendant had prior convictions for violating California Penal Code 236.1 he will face an additional prison term of five years for each prior violation.
Consequences and Legal Assistance
Human trafficking charges can have devastating consequences, not only criminally, but also civilly. Even before a conviction, the accused may face problems such as:
- loss of reputation
- dismissal
- social isolation
- serious financial costs of defense
If convicted, the offender must register as a sex offender. This will restrict his or her rights to residency, employment, and freedom of movement. The consequences are particularly severe if there are aggravating circumstances. Such as:
- causing grievous bodily harm
- having a previous conviction under the same article
In addition to the mandatory prison sentence, a person may receive additional sentences. They are served consecutively, not concurrently. However, the accused has the right to a defense. Lawyers can challenge key elements of the crime. Such as:
- the existence of intent
- coercion
- the fact of restraint
In addition, if the victim committed perjury for personal motives, this can be used as a line of defense. Proper use of evidence and analysis of the client’s intentions help attorneys build a strong defense strategy. Therefore, it is important to seek legal counsel as soon as possible. At KAASS LAW our experienced attorneys can help you with Penal code Section 236.1. Timely action can play a key role in a favorable outcome of the case.