Human trafficking is defined as exploiting another person through force, fraud, or coercion. According to the U.S. Department of Justice, this crime involves the exploitation of individuals for labor, commercial sex, or other services.
Human trafficking can impact people of all genders and ages, with victims often being forced into prostitution, domestic servitude, or various forms of forced labor, typically for little or no compensation.
Due to its connection with sex crimes, human trafficking attracts a lot of attention from state and federal law enforcement agencies.
If you are charged with human trafficking in Michigan, you may be looking at severe penalties on both a state and federal level.
MICHIGAN HUMAN TRAFFICKING LAWS
- MCL 750.459(1) – Transporting Persons for Prostitution
It is a criminal offense for an individual to knowingly transport or facilitate the transportation of another person across state lines for the purpose of prostitution, using force, fraud, or coercion to induce that person to become a prostitute.
- MCL 750.459(2) – Sale of Travel Services for Prostitution or Human Trafficking
It is a criminal offense to knowingly sell or offer travel services to individuals intending to use those services for human trafficking. This section of the law criminalizes any facilitation of these services, with knowledge of their intended purpose for trafficking.
- MCL 750.459(3) – Trafficking of Minors
If a violation of Michigan Penal Code § 750.459(2) involves minors, the defendant will face trafficking charges, which carry harsher penalties upon conviction.
Under federal law, severe forms of human trafficking include:
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Sex Trafficking: Defined under 22 U.S. Code § 7102, this refers to the recruitment, transportation, harboring, provision, patronizing, obtaining, or soliciting of another person for a commercial sex act. A commercial sex act is any sexual act offered in exchange for money or something of value.
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Involuntary Servitude: Recruitment, transportation, harboring, or facilitating the acquisition of a person through force, fraud, or coercion to subject them to involuntary servitude, forced labor, debt bondage, or slavery.
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Forced Marriage: Some victims, especially women and girls, are trafficked for the purpose of forced marriage. This can involve being sold or coerced into marriage, often resulting in situations of domestic servitude and sexual exploitation
Penalties
A conviction for violating Michigan Penal Code § 750.459(1) by transporting individuals for prostitution results in a felony charge, punishable by imprisonment for up to 20 years, a fine of up to $20,000, or both.
If convicted of knowingly selling, offering to sell, or assisting in the sale of travel services intended for transporting individuals for prostitution, the offender faces a felony charge with penalties of up to five years in jail, a fine of up to $5,000, or both.
Depending on the specific circumstances of the human trafficking charges, the offender may be required to register as a sex offender with the Michigan Sex Offender Registry. This requirement is particularly likely if the charges involve child sex trafficking.
Defense
Arguing that there was no violation of the victim’s liberty can be a strong defense strategy in human trafficking cases, provided you can substantiate it in court. Transporting individuals from one location to another is legal, as long as it doesn’t meet the legal definition of human trafficking.
If it cannot be proven in court that you held another person against their will, the human trafficking charges will likely be dismissed.
Contact Kirsch Daskas Law Group
Our teams meticulous attention to detail ensures a tailored defense strategy for every client. It is vital to choose an experienced attorney to safeguard your future in the face of such intense charges. Contact us on 248-792-3060.
