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.
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(a):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(b):
Prosecutor must prove the following elements for convicting a person under Penal Code 236.1(c):
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.
Human trafficking charges can have devastating consequences, not only criminally, but also civilly. Even before a conviction, the accused may face problems such as:
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:
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:
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.
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