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Arizona Human Trafficking and Human Sex Trafficking Defense

7/19/2022

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Tucson Criminal Defense Attorney

Arizona's law enforcement agencies, whether local, statewide, or federal, have committed significant resources to the enforcement of human trafficking, human sex trafficking, and child sex trafficking laws.  These crimes are targeted by well-funded operations at every level, and are harshly prosecuted both under Arizona and Federal law.  Due to the severity of these charges, it is important to have a skilled and experienced defense lawyer on your side. 

Human Trafficking refers to actions or practices of illegally transporting people from one area to another, for the purposes of forced labor or sexual exploitation.  Human trafficking is a serious crime and grave violation of human rights.  Sexual exploitation of children is especially serious, falling into the category of being a dangerous crime against children (DCAC), which are some of the most serious criminal charges a person can face in Arizona courts.  Because trafficking often will involve moving people across state lines and international borders, it can also result in harsh prosecution in federal court.

Arizona's Sex Trafficking Statute:
13-1307 :- Sex trafficking; classification; definitions
A. It is unlawful for a person to knowingly traffic another person who is eighteen years of age or older with either of the following:
1. The intent to cause the other person to engage in any prostitution or
sexually explicit performance by deception, force or coercion.
2. The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion or force.

Punishment for Human Trafficking
Human Trafficking is a Class 2 Felony in Arizona. If convicted, even a first offense, you could receive up to 12.5 years in prison and receive a fine of up to $150, 000 plus surcharges.  Further a person who is convicted of human trafficking is not eligible for suspension of sentence, probation, pardon or release from confinement until the sentence has been served or commuted.

What is child sex trafficking?

Child trafficking can be defined as the process of illegally transporting, transferring, or harboring a person below the age of 18 years, for the purpose of exploitation.  This problem is prevalent in most developing countries due to porous borders and weak domestic laws to counter the issue.  There are various causes of child trafficking like lack of employment, poverty, low level of education, a breakdown of social structure, etc. child trafficking is a violation of the mental and physical integrity of a child.  The laws against child sex trafficking are broader than sex trafficking generally, which makes more conduct illegal when it involves minors.  Because of this, proving child sex trafficking is easier for the prosecution, and therefore more difficult to defend. 

Laws against Child Sex Trafficking in Arizona
Section 13-3212
deals with the felony of Child Sex Trafficking. 13-3212. Child sex trafficking; classification; increased punishment; definition
A. A person commits child sex trafficking by knowingly:

1. Causing any minor to engage in prostitution.

2. Using any minor for the purposes of prostitution.

3. Permitting a minor who is under the person's custody or control to engage in prostitution.

4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

6. Financing, managing, supervising, controlling or owning, either alone or in association with others, prostitution activity involving a minor.

7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.

8. Providing a means by which a minor engages in prostitution.

9. Enticing, recruiting, harboring, providing, transporting, making available to another or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance.

10. Enticing, recruiting, harbouring, providing, transporting, making available to another or otherwise obtaining a minor with the knowledge that the minor will engage in prostitution or any sexually explicit performance.

B. A person who is at least eighteen years of age commits child sex trafficking by knowingly:
1. Engaging in prostitution with a minor who is under fifteen years of age.

2. Engaging in prostitution with a minor who the person knows or should have known is fifteen, sixteen or seventeen years of age.

3. Engaging in prostitution with a minor who is fifteen, sixteen or seventeen years of age.


Punishment for Child Sex Trafficking

Child sex trafficking pursuant to subsection A of section 13-3212 is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to
section 13-705.  Child sex trafficking pursuant to subsection B of section 13-3212 is a class 2 felony and is punishable pursuant to section 13-705.

What is ARS 13-705?
ARS 13-705
is the Arizona criminal law for dangerous crimes against children. These are certain criminal offenses where the victim was under the age of 15. Convictions for a dangerous crime against a child come with longer and harsher prison sentences than an identical offense that was committed against an adult.

With such harsh laws concerning human trafficking, sex trafficking, and child sex trafficking, a thorough, committed, and experienced defense is essential.  If you or a loved one has been arrested, charged, or indicted, whether in state court or in federal court for a crime involving human trafficking, sex trafficking, or child sex trafficking, it is important to consult with an attorney as soon as possible.  Contact the Tucson Defenders today for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  We can discuss your specific charges, answer any questions you have about the process, and begin to assess possible defenses.

RELATED ARTICLES:
Tucson Sex Crimes Defense Attorney
Federal Criminal Defense Lawyer - Tucson
Tucson Prostitution/Solicitation Lawyer
Tucson Child Sex Crimes Lawyer
Arizona Assault Crimes Attorney - Tucson

Arizona Criminal Code (ARS Title 13)
Pima County Superior Court
AZ DPS Sex Offender Compliance

ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff
US District Court - Arizona (Tucson)
United States Code - Title 18
Mandatory Penalties for Federal Sex Offenses

FEDERAL CRIMINAL LAW LINKS:
US District Court - Arizona (Tucson)
BOP Inmate Locator
Drug Enforcement Administration ("DEA")
Bureau of Alcohol, Tobacco and Firearms ("ATF")
Customs and Border Patrol ("CBP") Tucson
Federal Bureau of Investigation ("FBI")
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