We frequently hear news reports about human trafficking, and it is often portrayed as something terrible that happens to other people in other countries. In reality, human trafficking can and does happen right here in Atlantic City. If you or someone you know is accused of human trafficking, you might be facing serious penalties, and you should contact a lawyer immediately.
Human trafficking is somewhat difficult to describe as it is often wrapped up in various criminal offenses. Many people associate it with kidnapping, controlled substances, and sexual abuse. To be charged with human trafficking, you typically must remove, lure, or entice someone into it. Then, you must use them for labor or sexual services, often against their will. The exact circumstances surrounding any given human traffic case will vary, and you should speak to a lawyer about your situation as soon as possible. This is often charged as a first-degree crime, and you could go to prison for decades. Your lawyer can examine your case and help you determine the most effective defense strategies.
Ask our human trafficking defense lawyers at the Law Offices of John J. Zarych for a free, confidential case assessment when you call our team at (609) 616-4956.
How and Why Someone Might Be Charged with Crimes Related to Human Trafficking in NJ
Criminal charges for human trafficking are explained under N.J.S.A. § 2C:13-8(a)(1). Human trafficking involves using other people for sexual or labor services, often against their will. It is a somewhat complex criminal issue, as it may be wrapped up in numerous offenses. While it often involves victims being used against their will, this is not always the case.
Under the law, human trafficking charges may be assessed when a person recruits, lures, holds, harbors, entices, obtains, provides, or transports by any means a person to provide labor or sexual services. The act must be done by causing or threatening to cause serious bodily harm or by using physical restraint against the victim. Alternatively, the suspect may be charged if they cause the victim to believe that someone else would suffer physical harm or restraint if they do not cooperate.
Human trafficking charges may also be assessed if a suspect confiscates, conceals, removes, possesses, or destroys passports or immigration documents that might be used to identify someone or determine their age. Additionally, using methods that amount to abuse of the law, fraud, misrepresentation, or deception to traffic someone may lead to charges. Additionally, human trafficking charges may involve facilitating access to dangerous controlled substances.
Under subsection (a)(2), a person may be charged with human trafficking if they receive anything of value (i.e., some kind of payment) for participating in a human trafficking scheme as a supervisor, organizer, manager, or financier. Put another way, you do not have to actively participate in a kidnapping to be charged with human trafficking. Those working behind the scenes may also be charged.
According to subsection (a)(3), you may be charged for trafficking a minor under 18 to engage in sexual activity regardless of whether you mistakenly believed the victim was an adult. It does not matter if your mistaken belief was reasonable.
Potential Criminal Charges and Penalties for Human Trafficking in NJ
Our human trafficking defense lawyers can assess the details of your case and charges to help you determine the potential penalties you are up against. According to N.J.S.A. § 2C:13-8(b), human trafficking may be charged as an indictable crime of the first degree. This is one of the most severe criminal charges on the books and is often associated with lengthy prison terms. Under § 2C:43-6(a)(1), a first-degree crime may be punished by no less than 10 and up to 20 years in prison.
However, sentencing for human trafficking may vary depending on the charges. According to § 2C:13-8(d), a defendant convicted of human trafficking who was a manager, supervisor, or otherwise helped direct the overall scheme, and those convicted for trafficking underage minors, may face a prison term of 20 years without the possibility of parole. Alternatively, they may be sentenced to a prison term of at least 20 years and up to life without the possibility of parole until after 20 years.
Fighting Human Trafficking Charges in NJ
Under N.J.S.A. § 13-8(c), it may be an affirmative defense if, when the alleged crime happened, the defendant was also a victim of human trafficking. If we prove it, an affirmative defense may justify your actions and exonerate you.
This often comes up in human trafficking cases. People are sometimes recruited or forced into human trafficking and later used to further the overall trafficking scheme or plan. Victims are often used to lure in new victims, and they may face physical harm or worse if they refuse.
A defendant might instead defend themselves by arguing that they did not participate in the human trafficking offense knowingly. To be charged, a person must knowingly commit the offense. You might have been tricked into participating in or supporting human trafficking schemes. For example, suppose you are charged with financing and supporting a human trafficking scheme, but you believe your money was supporting a legitimate organization. It is only after the organization is proven to be fraudulent and you are charged that you learn the truth. In this case, we might convince a jury that you did not know what was happening and that you did not knowingly participate.
Contact Our NJ Human Trafficking Defense Attorneys for Help Immediately
Ask our human trafficking defense lawyers at the Law Offices of John J. Zarych for a free, confidential case assessment when you call our team at (609) 616-4956.
