Punishment for Human Trafficking Crimes

The problem with modern human trafficking in the United States and around the globe has reached an epidemic level and in response, lawmakers continue to update and enact new laws to combat the issue.

Recently, President Trump signed the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) into law. The law targets online sex traffickers and makes it possible for prosecutors and victims to file a lawsuit against websites that facilitate criminal activity.

Prior to the law, websites fell under the protection of the Communications Decency Act which protected website owners from any liability involving content posted by users. Critics argued the law is a violation of free speech, but advocates hope it limits the damage that can be done by online traffickers.

FOSTA shut down several sex-oriented sections of different websites and in some cases, shut down entire sites like Backpage.com, which had been accused of facilitating prostitution. Craigslist, one of the internet’s most popular online forums, shut down its missed connections, dating, and personals sections.

To read more about FOSTA, check out this article from The Washington Post.

What Does This Mean for You?

If you own a website that is used for soliciting sex you could be held personally responsible for the actions of users, even if the site was not originally intended for this use. Furthermore, as a customer of a site that is breaking the law, you are at risk.

As a site owner, it’s your responsibility to determine how people are using your site. If you suspect there’s a problem you should speak to an attorney and look for ways to bring your site to within the letter of the law. No matter what type of site you run, if it can be linked to human trafficking you could face criminal charges.

Law enforcement will be evaluating sites more carefully than ever that are linked to the sex industry, so it’s important that, as a site owner, you do all you can to ensure your site falls within proper legal parameters.

What If You Don’t Own a webSite?

Your risk is slightly less if you aren’t a site owner, but any affiliation with a website linked to human trafficking can get you into trouble.

This means that employees and customers of general pornography sites could be put under a microscope. Chances are there won’t be a problem unless you’re breaking the law or you are aware of laws being broken, but it’s still important to be very careful.

If you suspect anything unusual or anything about the activity on a site makes you uncomfortable, it’s better to be safe than sorry – especially if you work for a company that runs the site in question.

Keep in mind, punishments will be harsh if you are connected in any way to human trafficking and until the problem is brought under control, you can expect the trend of aggressive crime fighting to continue.

If you are concerned about a potential link to human trafficking or you have questions about FOSTA, we can help. Contact David Lindsey to schedule a consultation.

Any arrest, especially when it’s linked to a sex crime, can be scary and intimidating. This is especially true if your arrest involves solicitation. But what happens if the law is interpreted in such a way that you’re not only charged with solicitation, you’re also charged with human trafficking?

Why is there a distinction and what is the main difference between human sex trafficking and solicitation?

Defining Solicitation

Solicitation occurs when a request for a sexual act is made. If money is given in exchange for the sexual act, solicitation is a crime. If the solicitation involves an underage child it’s a felony crime. Laws vary from state to state concerning whether the solicitation of an adult is a felony or misdemeanor, but it’s usually a misdemeanor.

Defining Human Trafficking

Human sex trafficking is related and is a sex crime, but it’s generally viewed as more serious. It’s a federal offense no matter the age of the victims or any other factors. Trafficking occurs when someone, often a third party, uses threats, coercion, or tricks to lure someone into prostitution. Victims of sex trafficking are moved from one location to another and typically forced into the sex trade against their will.

Why the Difference Matters

If you find yourself facing charges of solicitation and/or human trafficking, it’s important to understand the difference because the penalties vary a great deal. You can get into trouble for breaking laws related to solicitation, but the punishment is going to be a great deal different than it would be if what you did is construed as trafficking.

Making matters worse, a lot of people confuse the two crimes or assume someone guilty of solicitation must have been involved in trafficking. Unfortunately, blurring the line between these two semi-related crimes hasn’t done anyone any good and can be especially problematic if you’re the one accused of a crime.

Treating solicitation as if it is the same as trafficking can not only hurt those accused of a crime, it can make life more difficult for those involved in sex work voluntarily.

As a matter of fact, that’s one of the key differences between trafficking and sex work: victims of trafficking are just that – victims – who have not chosen their lives. They have been forced into their role and would not continue to do what they are doing if given a choice.

Voluntary sex workers, on the other hand, have not been coerced or threatened into their role. They entered into sex work knowingly and willingly and continue to choose to do what they are doing. And in most places, sex workers are also committing a crime, while those who have been trafficked are not criminals.

This means if you’re accused of solicitation you’re engaging in a crime with someone who has willingly agreed to commit that crime with you. If you’re participating in trafficking, the person or persons being victimized are not participating willingly. Furthermore, you don’t even need to intend to engage in a sex act with the victim to be accused of trafficking.

For a more detailed explanation of how the FBI defines sex trafficking, check out this information on their website.

Every case is different and it’s easy to see why it can be difficult to interpret the law correctly and determine exactly what crimes took place when it comes to sex crimes and trafficking. This is one of the reasons why it’s so important to have an experienced attorney who understands the legal differences between sex trafficking and solicitation working for you if you’re accused of any sex related crime.

If you’ve been accused of either crime and you aren’t sure what to do next, I can help. Contact David Lindsey to schedule a consultation.