West Chester Sex Trafficking Attorney
According to the FBI, sex trafficking—buying selling, and smuggling human beings for the purpose of sex—is occurring across America, and it is no longer just a big city problem. In fact, human trafficking is a very real issue that happens every day, in the Pennsylvania Lehigh Valley as well as other places across the state. Pennsylvania police officers who regularly participate in sex trafficking stings across the state say that the sex going on is not always sex between two consenting adults, but human sex trafficking. In the crime of sex trafficking, there is generally some level of manipulation and coercion.
If you have been charged with sex trafficking, you are probably already aware it is a sensationalist crime, bringing levels of media frenzy. You may be judged in the court of public opinion long before you even make it to trial, therefore it is essential that you have and experienced West Chester sex crimes defense attorney with Ciccarelli Law Offices in your corner. We have handled similar cases in the past and will zealously advocate on your behalf.
What is Sex Trafficking Under the Law?
Human trafficking is defined as forcing or tricking another person into sexual commerce or domestic service, or as the sale or trade of a human being for commercial gain. If you involve a minor in prostitution, that action falls under human trafficking. The U.S. Department of Justice may be involved in prosecuting your charges, as well as state and local law enforcement. Federal penalties are even harsher than Pennsylvania penalties, so if charged with this type of crime it is imperative that you have a knowledgeable attorney on your case the minute you are charged or even if you think you will be charged.
To better understand the charges of human trafficking and sex trafficking, consider the following:
If you knowingly engage in human trafficking or sex trafficking, with the knowledge the person will be subjected to forced labor or service, or if you financially benefit from participating from another person’s forced labor or service, you have committed the offense of human trafficking, which is a second-degree felony. The term “forced labor or services,” means:
- You obtained the labor or service by using (or threatening to use) physical force against the other person;
- You obtained the labor or service by restraining, confining or isolating an unwilling person;
- You obtained the labor or service by threatening to restrain, confine or isolate an unwilling person;
- You used some type of credit or lending method to establish a debt by the person who is then obliged to provide labor or services to you as security for the debt;
- You possessed, withheld, confiscated, removed or concealed an immigration document, another government ID document, a passport or visa from the person against his or her will;
- You caused financial harm to another person;
- You threatened to cause financial harm to another person, or
- You used fraud or coercion to get the other person to engage in sexual acts.
Charges Related to Sex Trafficking in West Chester
In addition to being charged with sex trafficking, you could also face other related charges. These often carry similarly harsh penalties, which judges may require you to serve consecutively instead of concurrently. This could dramatically increase the amount of time you spend incarcerated and influence your sex offender designation if you are convicted. Some examples of these related charges could include:
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- Exploiting undocumented workers
- Smuggling undocumented immigrants
- Sexual abuse of a minor
- Rape
- Promoting sexual slavery
- Furnishing cheap labor
- Facilitating illegal adoptions
- Child pornography
Penalties for Sex Trafficking in Pennsylvania
Under Title 18, U.S.C. Section 1591, if you are convicted of sex trafficking of children, or sex trafficking by force, fraud or coercion, you could face from 15 years to life in federal prison if your victim was under the age of 14, and a minimum of ten years in federal prison if the victim was over the age of 14.
Under 18 Pa. § 6320, if you are convicted of sexual exploitation of a child, you could face up to forty years in prison, and if a person dies as a result of human trafficking, you could face life in a Pennsylvania state prison under 18 Pa. §3024. The penalty for forced labor under the Human Trafficking statute under 18 Pa. §3012 is a fine and from 15-30 years in prison. You will also be required to register as a sex offender once you have served your sentence.
Sex Offender Registration for West Chester Offenders
The purpose of the Pennsylvania Sex Offender Registry is to enhance public safety by making the names and identities of registered sex offenders available to the public. Much of your most identifiable information will be included on the sex offender registry if you are convicted. Some of the information available to the public includes:
- What you were convicted of
- Your photo
- Where you work
- Your home address
- The year you were born
- What Tier you have been designated
- Your hair and eye color
- Your weight, height, and race
- Any identifying tattoos, marks, or scars
- Vehicle and school information
- When you were convicted
- Whether the victim was a minor
- Any aliases you may go by
The Pennsylvania State Police Megan’s Law public reports are available pursuant to 42 Pa. § 9799.28 and § 9799.63. Upon your release, you will likely be required to register as a sex offender. You will be designated a sex offender level. Offenders are categorized into “Tiers”, with Tier l offenders being required to register once per year for 15 years, and Tier lll offenders being required to register quarterly for the rest of their lives. If you are designated a transient offender, you will be required to register every month for the rest of your life.
Being required to register as a sex offender could have devastating consequences on your personal and professional lives. You may be targeted by enraged community members, struggle to maintain relationships with family and friends, and find it difficult to obtain gainful employment with a sex trafficking conviction on your record.
Collateral Consequences Of a Guilty Verdict
The collateral consequences if you are convicted of sex trafficking could turn your world upside down before you have even completed your sentence. Such a conviction will likely destroy your reputation and make it difficult to maintain a professional license. In fact, those carrying professional licenses are likely to face suspensions and revocations. Other potential collateral consequences of a sex trafficking conviction could include:
- Being deported
- Loss of firearm rights
- Trouble finding a job
- Child visitation or custody issues
- Court-ordered group therapy or mental health counseling
- Probation or parole restrictions
Defenses to the Crime of Sex Trafficking
Your Pennsylvania criminal defense attorney will build your defense based on the circumstances surrounding your offense, however one of the following defenses may be used on your behalf:
- The alleged victim was voluntarily engaged in prostitution, therefore was not exploited or coerced into engaging in prostitution. In this case, you might be charged with the lesser offense of solicitation of prostitution, rather than human or sex trafficking.
- You had a business partnership with a prostitute, therefore there was no exploitation or coercion on your part. In this case, you might be charged with a lesser crime than sex trafficking.
- Actual innocence. You may actually be innocent of the crime of sex trafficking—perhaps you have a solid alibi to the charges, or perhaps you have been misidentified by the alleged victim. If you are innocent of the crime, your attorney will zealously defend you against the charges, after mounting an exhaustive investigation of the facts which will prove your innocence.
Qualifying for a Plea Agreement
In some cases, you may be able to avoid bringing your case to trial. This may be well advised if the Commonwealth’s case against you is strong or you have a long criminal history associated with human trafficking or sex crimes. There are two primary types of plea agreements that may be possible, according to the Bureau of Justice Assistance (BJA), including:
- Charge bargaining – With charge bargaining, your sex trafficking attorney will attempt to negotiate with the prosecutor to get your charges reduced to a lesser offense. In doing so, we may be able to get the sex trafficking charges against you dismissed. You may need to agree to plead guilty or no contest to a lesser charge in exchange for the state dismissing the sex trafficking charges against you.
- Sentence bargaining – In sentence bargaining, you may offer a guilty plea in exchange for a less serious sentence. When you are facing life behind bars, this is a great opportunity to secure some sort of future after having completed your sentence.
West Chester Sex Trafficking FAQ
What is the most common venue for sex trafficking?
Sex trafficking can happen anywhere, in any situation in which a victim is forced, coerced, or defrauded to provide commercial sex acts. Motels and hotels are the most common venue for sex trafficking, according to the Human Trafficking Institute’s 2020 Federal Human Trafficking Report. This is, in part, due to the lack of upkeep or maintenance expenses, ease of use and access for human traffickers, and the ability to maintain secrecy by using cash for transactions.
How common is human trafficking in PA?
Pennsylvania has been ranked among the top 10 states where human trafficking is most prevalent. A recent report by the National Human Trafficking Hotline ranked Pittsburgh the 10th most common U.S. city for human trafficking. According to the Pennsylvania House Republican Caucus, this is largely due to the fact that opioid addiction continues to run rampant across Pittsburgh and surrounding cities. Another factor that contributes to the higher human trafficking rates in Pennsylvania is the fact that many of our major highways and interstates allow easy access to neighboring regions and states, which creates opportunities for human and sex traffickers to recruit victims.
What is the statute of limitations on sex trafficking charges in PA?
Every criminal offense has a statute of limitations in place. Once this limitation deadline passes, the state can no longer pursue criminal charges against you. If the sex trafficking victim is under the age of 18, there is no statute of limitations. The statute of limitations for rape is 12 years after the date of the events, according to PA § 5552.
How an Experienced West Chester Criminal Defense Attorney Can Help
If you have been charged with sex trafficking, it is important that you contact a knowledgeable Pennsylvania criminal defense attorney as soon as possible. These are extremely serious charges which can expand to increase federal charges as well. You could spend a very long time in prison if convicted of the crime, and, once released could be required to register as a sex offender, perhaps for the remainder of your life.
As a convicted sex offender, you could find it difficult to obtain employment, difficult to rent a home, you could be unable to obtain a professional license or obtain a government student loan to attend college, and you will be prohibited from owning a firearm or voting in an election.
The short and long-term penalties for a conviction of sex trafficking make it crucial that you speak to an experienced Pennsylvania criminal defense attorney as soon as you are charged with the offense, or even if you think you might be charged. Don’t wait—your future depends on it.
Turn To West Chester’s Premier Sex Trafficking Defense Law Firm for Help Today
If you have been accused of sex trafficking or another similar offense and are worried about what the future may hold, take charge of your defense strategy by consulting an experienced West Chester sex trafficking defense attorney with Ciccarelli Law Offices. Our firm will analyze the circumstances of your case to determine whether you qualify for a plea agreement, the validity and the strength of the state’s case against you, and how to best approach your defense.
The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been accused of sexual assault crimes. Don’t wait—contact an attorney immediately.