The Crime of Human Trafficking in California
Penal Code 236.1 PC

Under Penal Code 236.1 PC, the crime of “human trafficking” in California is defined as:

  1. Depriving someone of their personal liberty with the intent to obtain forced labor or services from them,
  2. Depriving someone of their personal liberty with the intent to violate California's pimping and pandering lawsCalifornia's child pornography laws, California laws against extortion and blackmail, or certain other California laws concerning commercial sexual activity and the sexual exploitation of children, OR
  3. Persuading or trying to persuade a minor to engage in a commercial sex act, with the intent to violate one of those same laws.1

Examples

The following scenarios are examples of ways in which people may violate California's human trafficking law:

  • A pimp has several underage prostitutes working for him. He confiscates most of their earnings and tells them that he will kill their parents if they ever stop working for him.
  • The owner of a clothing factory employs a number of illegal immigrants from Mexico. She (the owner) provides her workers with room and board but no wages. She tells them that she will report them to the immigration authorities if they try to stop working for her.
  • A wealthy family has a domestic servant from the Philippines, who is here illegally. They confiscate her passport and keep her under lock and key, not allowing her to leave the house and threatening her with violence when she tries to escape.
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Penalties

In 2012, California voters passed Proposition 35 (the “Californians Against Sexual Exploitation Act”), which provides for new, very harsh penalties for people convicted of violating Penal Code 236.1 PC.2

Human trafficking is always a felony in California law.3

If you are convicted of human trafficking in order to obtain forced labor or services, you face:

  • five (5), eight (8), or twelve (12) years in California state prison, and
  • a fine of up to five hundred thousand dollars ($500,000).4

If you are convicted of human trafficking in order to commit a crime related to commercial sex, child pornography, or extortion, you face:

  • eight (8), fourteen (14), or twenty (20) years in state prison,
  • a fine of up to five hundred thousand dollars ($500,000),5 and
  • the requirement that you register as a sex offender.6

Finally, if you persuade a minor to engage in a commercial sex act, you could receive:

  • five (5) to twelve (12) years in prison, OR a sentence of fifteen (15) years to life, if the jury determines that you used force, fear, violence, or threat of injury to the alleged victim,
  • a five hundred thousand dollar ($500,000) fine, and
  • a sex offender registration requirement.7

Legal defenses

Human trafficking sounds like a heinous crime. But many people accused of it have done nothing wrong—or, at the very least, may actually have only committed a much less serious offense.

An experienced criminal defense attorney can help you mount a convincing legal defense to human trafficking charges. Some potential defenses are:

  • You were falsely accused,
  • You did not actually deprive the alleged “victim” of his/her liberty (i.e., the alleged victim was actually free to go), and
  • You made a mistake of fact that makes you not guilty of the crime of human trafficking.
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In order to help you better understand California's human trafficking laws and penalties--and how to fight human trafficking charges--our California criminal defense attorneys will address the following:

1. The Legal Definition of Human Trafficking in California

1.1. Penal Code 236.1(a) PC forced labor or services
1.2. Penal Code 236.1(b) PC human trafficking for purposes of pimping, child pornography, or extortion
1.3. Penal Code 236.1(c) PC causing a minor to engage in commercial sex

2. Penalties for Penal Code 236.1 PC Human Trafficking

2.1. Penal Code 236.1(a) PC penalties
2.2. Penal Code 236.1(b) PC penalties
2.3. Penal Code 236.1(c) PC penalties
2.4. Additional prison terms for great bodily injury or prior convictions
2.5. Additional fines and civil penalties for human trafficking

3. Legal Defenses Against Human Trafficking Charges

4. California Human Trafficking and Related Offenses

4.1. Penal Code 266h & 266i PC pimping and pandering
4.2. Penal Code 311.3 & 311.11 PC child pornography
4.3. Penal Code 518 PC extortion
4.4. California kidnapping
4.5. Penal Code 186.22 PC street gang sentencing enhancement

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. The Legal Definition of Human Trafficking in California

The legal definition of human trafficking in California depends on the section of the relevant statute—Penal Code 236.1 PC—under which you are charged.

1.1. Penal Code 236.1(a): forced labor or services

If you are charged under Penal Code 236.1(a) PC, the prosecutor must prove the following (known as “elements of the crime”):

  1. You deprived another person of their personal liberty or violated that person's personal liberty, AND
  2. When you did so, you intended to obtain forced labor or services.8

Let's flesh out some of the terms in this legal definition to better understand their meaning:

Depriving another person of his/her personal liberty

A deprivation or violation of someone's personal liberty is a substantial and sustained restriction of their liberty through one of the following:

  • Force or fear,
  • Fraud or deceit,
  • Coercion,
  • Violence,
  • Duress (i.e., a threat of force, violence, danger, hardship, or retribution),
  • Menace (i.e., a verbal or physical threat of harm), or
  • Threat of injury to that person or someone else, under circumstances that make it reasonably likely that the person would believe that the threat would be carried out.9
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Duress can include a threat to take away—or actually taking away—the victim's passport or other immigration document.10

Example: Amanda travels to India to hire a domestic servant. She hires a young woman named Sonali, promising her a comfortable wage, and brings Sonali back to the United States with her.

Once they are back in the United States, Amanda demands that Sonali work long hours for her, for no pay. She tells Sonali that, because her temporary visa has expired and she is no longer in the U.S. legally, she will be arrested and sent to prison if she ever tries to leave Amanda's house. Amanda also takes away Sonali's passport.

Amanda has deprived Sonali of her personal liberty—using deceit and duress.

Forced labor or services

“Forced labor or services” means labor or services that are obtained or maintained through force, fraud, duress, coercion, or similar behavior that would be expected to reasonably overpower the will of the person providing the labor or services.11

Note that forced labor or services do not necessarily have to be unpaid, according to the legal definition of California human trafficking. This distinguishes forced labor under this law from our normal idea of “slave labor”—which we tend to think of as unpaid.

Example: Raul is an illegal immigrant from Mexico who works on a farm in the Central Valley. He earns a low wage for very hard work. His cousin finds him a better job in a restaurant, and Raul goes to tell the farm's owner, Kevin, that he will be quitting.

But Kevin threatens to send his friends to beat up Raul if he leaves his job on the farm. He also threatens to report Raul to the immigration authorities if he leaves the job. Raul therefore has no choice but to stay with his farm job.

Because he is only working on the farm as a result of Kevin's threats, Raul is now performing forced labor under Penal Code 236.1 PC.

1.2. Penal Code 236.1(b): human trafficking for purposes of pimping, child pornography, or extortion

The elements of human trafficking under the next section of the law, Penal Code 236.1(b) PC, are as follows:

  1. You deprived another person of their personal liberty or violated that person's personal liberty, AND
  2. When you did so, you intended to commit one of a specified list of crimes.12
Prostitution
Human trafficking in connection with the sex trade is prosecuted under Penal Code 236.1(b) PC.

The crimes associated with Penal Code 236.1(b) PC human trafficking are:

  • Penal Code 266 PC enticing a female under 18 to engage in prostitution,
  • Penal Code 266h PC pimping,
  • Penal Code 266i PC pandering,
  • Penal Code 266j PC procurement of a child under 16 for lewd or lascivious acts,
  • Penal Code 267 PC abduction of a person under 18 for purposes of prostitution,
  • Penal Code 311.1 or 311.2 PC transporting or distributing child pornography,
  • Penal Code 311.3 PC developing, duplicating, printing, or exchanging child pornography,
  • Penal Code 311.4 PC employing minors to participate in child pornography,
  • Penal Code 311.5 PC advertising obscene material,
  • Penal Code 311.6 PC production of obscene live performances, and
  • Penal Code 518 PC extortion/blackmail.13

Example: Marcus is part of a criminal enterprise that brings young women from Russia to the United States on fake passports, promising them jobs in restaurants in the U.S.

But in fact, once the women reach the U.S., they are kept as near-prisoners in a private home, given drugs and alcohol, and made to work as prostitutes. They are told that they will be beaten or killed if they try to escape.

Marcus doesn't act as a pimp himself but is responsible for helping to control the women. He may be charged with Penal Code 236.1(b) PC human trafficking, for depriving the women of their personal liberty in order to aid in a violation of California's law against pimping.

1.3. Penal Code 236.1(c): causing a minor to engage in commercial sex

Penal Code 236.1(c) PC makes it a crime to:

  1. Cause, induce, or persuade a minor to engage in a commercial sex act,
  2. With the intent to commit one of the crimes listed above.14

The legal definition of human trafficking under this section is notably different from the other sections of Penal Code 236.1—because it does not require that you deprive anyone of their personal liberty. Nonetheless, this activity is still considered “human trafficking.”15

Example: Kathleen is a former prostitute who now acts as a “madam”—a female pimp—providing high-end prostitutes to high-paying johns. She meets a 16-year-old named Raquel and talks Raquel into working for her. Raquel is enticed by the large amounts of money she can earn as a high-class call girl and readily agrees.

Even though Raquel has chosen to work for Kathleen of her own free will, Kathleen may still be charged with Penal Code 236.1(c) PC human trafficking.

It is also important to note that you can be prosecuted under this section of California's human trafficking law even if you were honestly mistaken about the age of the “victim."16

2. Penalties for Penal Code 236.1 Human Trafficking

The punishment, penalties and sentencing for Penal Code 236.1 human trafficking depend on which section of the statute you are alleged to have violated. However, the crime is always a California felony.17

2.1. Penal Code 236.1(a) PC penalties

For a violation of Penal Code 236.1(a) PC (depriving another person of their liberty with the intent to obtain forced labor or services), the penalties are as follows:

State_prison

 

2.2. Penal Code 236.1(b) PC penalties

For a violation of Penal Code 236.1(b) PC (depriving another person of their liberty with the intent to enable a violation of laws on pimping/pandering, child pornography, or extortion), the penalties are as follows:

  • Formal (felony) probation,
  • A California state prison sentence of eight (8), fourteen (14), or twenty (20) years, and/or
  • A fine of up to five hundred thousand dollars ($500,000).19

You will also be required to register as a sex offender under Penal Code 290 PC, California's Sex Offender Registration Act.20

2.3. Penal Code 236.1(c) PC penalties

Finally, if you violate Penal Code 236.1(c) (causing or persuading a minor to engage in a commercial sex act), you face the following potential penalties:

  • Formal (felony) probation,
  • A California state prison sentence of five (5), eight (8), or twelve (12) years, and/or
  • A fine of up to five hundred thousand dollars ($500,000).21

BUT, if the charges are that you used force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or another person to commit this offense—then the potential prison sentence increases to fifteen (15) years to life!22

A conviction under this section also leads to mandatory sex offender registration.23

2.4. Additional prison terms for great bodily injury or prior convictions

In addition to the prison terms listed above, you face an additional, consecutive term of five (5), seven (7) or ten (10) years in prison if it is determined that you inflicted great bodily injury on a victim while committing or attempting to commit a human trafficking offense.24

Also, if you have previous convictions for violating Penal Code 236.1 PC, your sentence will be enhanced by an additional, consecutive prison term of five (5) years for each prior violation.25

2.5. Additional fines and civil penalties for human trafficking

In addition to the prison terms and fines discussed above, if you are convicted of California human trafficking, you may face further financial penalties.

Fine_gavel_money

First, thanks to Proposition 35, which was passed in 2012, the court may slap you with an additional fine of up to one million dollars ($1,000,000).26 In deciding whether or not to impose an additional fine—and how much it will be—the judge can consider

  • The seriousness of your offense,
  • The circumstances and duration of your offense,
  • The amount of economic gain you derived from human trafficking, and
  • The extent to which the victim suffered losses.27

Second, the victim may bring a civil lawsuit against you for damages relating to your conduct. The court has wide discretion to impose large civil penalties under California law—including amounts up to three (3) times the actual damages that the victim is able to show.28

Finally, if you are convicted of human trafficking involving a commercial sex act committed by a person under 18, then you could face various forms of asset forfeiture. Specifically, the state might be able to seize:

  • Any property, including vehicles, real estate, and money, that was used to facilitate the crime, and/or
  • Any property acquired through or with the proceeds of human trafficking.29

Example: Recall Kathleen from our example above. Let's say Kathleen is arrested for—and convicted of—human trafficking, for recruiting 16-year-old Raquel to act as a prostitute.

The court sentences Kathleen to 5 years in prison and a hundred thousand dollar fine. But in addition, the court orders the seizure of the car that she used to transport Raquel to her jobs, the condo where she and Raquel discussed their business arrangement, and all the money that the prosecutor is able to prove Kathleen earned from Raquel's work as a prostitute.

3. Legal Defenses Against Human Trafficking Charges

Human trafficking carries heavy penalties and a terrible social stigma in California. A good criminal defense attorney is absolutely essential for fighting these charges.

Some of the legal defenses that you and your attorney may be able to use to build your case include:

You were falsely accused

According to Pasadena criminal defense lawyer Neil Shouse30:

“Human trafficking charges rarely arise out of nowhere. Often this crime is charged because an employee is angry at their employer—and falsely accuses the employer of depriving them of their liberty. Or maybe the defendant actually has committed the crime of pimping or pandering—but is being falsely accused of human trafficking by the prostitutes who work for him.”

The alleged victims of human trafficking are usually low-level employees, prostitutes, illegal immigrants—people who might have a motivation to accuse someone else of holding them against their will, in order to gain sympathy or lenient treatment for themselves.

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If you are falsely accused of human trafficking, you and your lawyer will want to leave no stone unturned in gathering evidence to show that your account of events is the correct one.

You did not actually deprive the alleged “victim” of his/her liberty

In real life, there are often lots of gray areas that can lead to unwarranted accusations of human trafficking.

Perhaps the alleged victim thought that s/he was not free to leave an employment situation, when really you had done nothing to lead him/her to believe that.

Or perhaps you did threaten him/her with consequences if s/he left the employment situation—but those threats did not rise to the level that would make you criminally liable for human trafficking.

You made a mistake of fact

Mistake of fact is a valid defense to a crime—like human trafficking—that depends on you realizing what you were doing when you committed the acts that led to the criminal charges.

Perhaps you took your domestic servant's or employee's passport for safe keeping, thinking that you needed to do so to prove that you were complying with immigration laws.

Or perhaps—if you are accused under Penal Code 236.1(c) PC—you introduced a person under 18 to someone you expected them to have a sexual relationship with—but you did not expect that relationship to involve sex for money.

4. California Human Trafficking and Related Offenses

4.1. Penal Code 266h & 266i PC pimping and pandering

As discussed above, you may be charged with human trafficking if you deprive someone else of their personal liberty with the intent to commit Penal Code 266h PC pimping or Penal Code 266i PC pandering. Therefore, it is quite common to be charged with both human trafficking and with one of these crimes.

Penal Code 266h PC pimping consists of either:

  1. Finding customers (“johns”) for a prostitute and then collecting a fee from the customer, or
  2. Collecting some or all of a prostitute's pay.31

Penal Code 266i PC pandering consists of “procuring” another person for the purpose of prostitution, by intentionally encouraging or persuading someone to become a prostitute.32

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Both pimping and pandering are felonies, punishable by:

  • Three (3), four (4), or six (6) years in prison,
  • A fine of up to ten thousand dollars ($10,000),33 and/or
  • Penal Code 290 PC registration as a sex offender—but only if the person you are convicted of pimping or pandering is a minor.34
4.2. Penal Code 311.3 & 311.11 PC child pornography

Child pornography offenses are also associated with Penal Code 236.1 PC human trafficking—that is, you can be charged with human trafficking if you deprive someone of their liberty in order to commit a child pornography offense.

Therefore, it is also common to see human trafficking tried in conjunction with child pornography charges.

The specific child pornography offenses associated with human trafficking are35:

  • Penal Code 311.1 or 311.2 PC transporting or distributing child pornography—which may be charged as a misdemeanor or a felony, depending on the circumstances of the offense,36
  • Penal Code 311.3 PC developing, duplicating, printing, or exchanging child pornography—a misdemeanor for the first offense but a felony for subsequent offenses,37 and
  • Penal Code 311.4 PC employing minors to participate in child pornography—which may be charged as a misdemeanor or a felony, depending on the circumstances of the case.38
4.3. Penal Code 518 PC extortion

Penal Code 518 PC extortion is another California offense that is associated with Penal Code 236.1 PC human trafficking. If you deprive someone of their liberty with the intent to commit extortion, this is considered human trafficking.39

California extortion is defined as either of the following:

  • Using force or threats to compel someone to give you money or other property, or
  • Using force or threats to compel a public officer to perform an official act.40

Extortion is a felony punishable by two (2), three (3), or four (4) years in county jail.41

4.4. California kidnapping

Another closely-related offense to Penal Code 236.1 PC human trafficking is Penal Code 207 PC California kidnapping.

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Kidnapping is defined as:

  1. Moving another person
  2. A substantial distance,
  3. Without that person's consent,
  4. By use of force or fear.42

Because kidnapping involves moving a person without their consent, it is somewhat similar to human trafficking (which requires depriving a person of their personal liberty43). But there are major differences between the two offenses, such as:

  1. California kidnapping requires that you use force or fear to detain the victim, and
  2. Human trafficking must involve an intent either to obtain forced labor or services, or to commit one of the specified crimes such as pimping or extortion.44

Kidnapping is a felony, punishable by three (3), five (5), or eight (8) years in state prison, and/or a maximum ten thousand dollar ($10,000) fine.45

Because the penalties for kidnapping usually are lighter than those for human trafficking, it may sometimes make sense to try to get a human trafficking charge replaced by a kidnapping charge—if the circumstances of the alleged offense permit that strategy.

4.5. Penal Code 186.22 PC street gang sentencing enhancement

Finally, Penal Code 236.1 PC human trafficking charges may be enhanced by charges under Penal Code 186.22 PC, California's “gang enhancement” law.

According to a report by the California Office of the Attorney General, human trafficking in California is often committed by or in association with domestic and international street gangs.

If you are charged with human trafficking, and the prosecutor alleges that you committed the crime for the benefit of or in association with a criminal street gang—then you could face an additional two (2), three (3), or four (4) years (or even more, in special cases) in prison.46

Call us for help…

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If you or loved one is charged with Penal Code 236.1 PC human trafficking and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

For more information on Nevada “human trafficking” laws, please visit our page on Nevada “human trafficking” laws.

Legal References:


1 Penal Code 236.1 PC – Human trafficking; punishment; provisions regarding minors; definitions; consideration of total circumstances [California's human trafficking law]. (“(a) Any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and shall be punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (b) Any person who deprives or violates the personal liberty of another with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of not more than five hundred thousand dollars ($500,000). (c) Any person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking. A violation of this subdivision is punishable by imprisonment in the state prison as follows: (1) Five, 8, or 12 years and a fine of not more than five hundred thousand dollars ($500,000). (2) Fifteen years to life and a fine of not more than five hundred thousand dollars ($500,000) when the offense involves force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person. (d) In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, his or her relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered. (e) Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section. (f) Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section.”)

2 See Proposition 35, on human trafficking, passes , Los Angeles Times, Nov. 6, 2012.

3 Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

4 See same.

5 See same.

6 Penal Code 290 PC – Sex offender registration act. (“(b) Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act. (c) The following persons shall be required to register: Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1 [California's human trafficking law], . . . .”)

7 See same. See also Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

8 Judicial Council of California Criminal Jury Instructions (“CALCRIM”) 1243 – Human Trafficking. (“To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant either deprived another person of personal liberty or violated that other person's personal liberty; AND <Give Alternative 2A if the defendant is charged with a violation of subsection (a).> [2A When the defendant acted, (he/she) intended to obtain forced labor or services(./;)] . . . “)

9 See same, Human Trafficking. (“Deprivation or violation of personal liberty, as used here, includes substantial and sustained restriction of another person's liberty accomplished through <insert terms that apply from statutory definition, i.e.: force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury> to the victim or to another person under circumstances in which the person receiving or perceiving the threat reasonably believes that it is likely that the person making the threat would carry it out. . . . [Duress means a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person to do [or submit to] something that he or she would not otherwise do [or submit to]. When deciding whether the act was accomplished by duress, consider all the circumstances, including the age of the other person and (his/her) relationship to the defendant.] . . . [Menace means a verbal or physical threat of harm[, including use of a deadly weapon]. The threat of harm may be express or implied.]”)

10 See same, Human Trafficking. (“[Duress includes (a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the other person/ [or] knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the other person).]”)

11 See same, Human Trafficking. (“[Forced labor or services, as used here, means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.]”)

12 See same, Human Trafficking. (“To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant either deprived another person of personal liberty or violated that other person's personal liberty; AND . . . <Give Alternative 2B if the defendant is charged with a violation of subsection (b).> [2B When the defendant acted, (he/she) intended to (commit/ [or] maintain) a [felony] violation of <insert appropriate code section[s]>).]”)

13 Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

14 See same.

15 See same. (“(e) Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section.”)

16 See same. (“(f) Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section.”)

17 Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

18 See same.

19 See same.

20 Penal Code 290 PC – Sex offender registration act, endnote 6, above.

21 Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

22 See same.

23 Penal Code 290 PC – Sex offender registration act, endnote 6, above.

24 Penal Code 236.4 PC – Conviction of human trafficking violation; additional fines and penalties; deposit of fines into Victim-Witness Assistance Fund. (“(b) Any person who inflicts great bodily injury on a victim in the commission or attempted commission of a violation of Section 236.1 shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 7, or 10 years.”)

25 See same. (“(c) Any person who has previously been convicted of a violation of any crime specified in Section 236.1 shall receive an additional and consecutive term of imprisonment in the state prison for 5 years for each additional conviction on charges separately brought and tried.”)

26 See same. (“(a) Upon the conviction of a person of a violation of Section 236.1, the court may, in addition to any other penalty, fine, or restitution imposed, order the defendant to pay an additional fine not to exceed one million dollars ($1,000,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances and duration of its commission, the amount of economic gain the defendant derived as a result of the crime, and the extent to which the victim suffered losses as a result of the crime.”)

27 See same.

28 Civil Code 52.5 – Civil action for damages to victims of human trafficking. (“(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney's fees and costs. (b) In addition to the remedies specified herein, in any action under subdivision (a), the plaintiff may be awarded up to three times his or her actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may also be awarded upon proof of the defendant's malice, oppression, fraud, or duress in committing the act of human trafficking.”)

29 Penal Code 236.7 PC – Property used to facilitate human trafficking of victims less than 18 years of age; seizure and forfeiture; assets subject to forfeiture; agency petitions, process; exceptions; notice and hearing; pattern of activity not required. (“(a) Any interest in a vehicle, boat, airplane, money, negotiable instruments, securities, real property, or other thing of value that was put to substantial use for the purpose of facilitating the crime of human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (g) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, may be seized and ordered forfeited by the court upon the conviction of a person guilty of human trafficking that involves a commercial sex act where the victim is an individual under 18 years of age, pursuant to Section 236.1. (b) In any case in which a defendant is convicted of human trafficking pursuant to Section 236.1 and an allegation is found to be true that the victim was a person under 18 years of age and the crime involved a commercial sex act, as defined in paragraph (2) of subdivision (g) of Section 236.1, the following assets shall be subject to forfeiture upon proof of the provisions of subdivision (d) of Section 236.9: (1) Any property interest, whether tangible or intangible, acquired through human trafficking that involves a commercial sex act where the victim was less than 18 years of age at the time of the commission of the crime. (2) All proceeds from human trafficking that involves a commercial sex act where the victim was less than 18 years of age at the time of the commission of the crime, which property shall include all things of value that may have been received in exchange for the proceeds immediately derived from the act.”)

30 Our Pasadena criminal defense lawyers have conducted dozens of jury trials and juvenile adjudication hearings, defending everything from sex crimes to California firearms cases to human trafficking cases.

31 Penal Code 266h PC – Pimping [frequently charged along with Penal Code 236.1 PC human trafficking]. ("(a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, is guilty of pimping, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years. (b) Any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part from the earnings or proceeds of the person's prostitution, or from money loaned or advanced to or charged against that person by any keeper or manager or inmate of a house or other place where prostitution is practiced or allowed, or who solicits or receives compensation for soliciting for the person, when the prostitute is a minor, is guilty of pimping a minor, a felony, and shall be punishable as follows: (1) If the person engaged in prostitution is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the person engaged in prostitution is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.")

32 Penal Code 266i PC – Pandering [frequently charged along with Penal Code 236.1 PC human trafficking]. ("(a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment in the state prison for three, four, or six years: (1) Procures another person for the purpose of prostitution. (2) By promises, threats, violence, or by any device or scheme, causes, induces, persuades or encourages another person to become a prostitute. (3) Procures for another person a place as an inmate in a house of prostitution or as an inmate of any place in which prostitution is encouraged or allowed within this state. (4) By promises, threats, violence or by any device or scheme, causes, induces, persuades or encourages an inmate of a house of prostitution, or any other place in which prostitution is encouraged or allowed, to remain therein as an inmate. (5) By fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, procures another person for the purpose of prostitution, or to enter any place in which prostitution is encouraged or allowed within this state, or to come into this state or leave this state for the purpose of prostitution. (6) Receives or gives, or agrees to receive or give, any money or thing of value for procuring, or attempting to procure, another person for the purpose of prostitution, or to come into this state or leave this state for the purpose of prostitution. (b) Any person who does any of the acts described in subdivision (a) with another person who is a minor is guilty of pandering, a felony, and shall be punishable as follows: (1) If the other person is a minor over the age of 16 years, the offense is punishable by imprisonment in the state prison for three, four, or six years. (2) If the other person is under 16 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.")

33 See endnotes 31 and 32, above.

34 Penal Code 290 PC – Sex offender registration act. (“(c) The following persons shall be required to register: Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of... subdivision (b) of Section 266h [California's pimping law], subdivision (b) of Section 266i [California's pandering law]...; “)

35 Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

36 Penal Code 311.1 PC – Sent or brought into state for sale or distribution; possessing, preparing, publishing, producing, developing, duplicating, or printing within state; matter depicting sexual conduct by minor; penalty; application; telephone services [frequently charged along with Penal Code 236.1 PC human trafficking]. (“(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or to exhibit to, or to exchange with, others, or who offers to distribute, distributes, or exhibits to, or exchanges with, others, any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, shall be punished either by imprisonment in the county jail for up to one year, by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, or by imprisonment in the state prison, by a fine not to exceed ten thousand dollars ($10,000), or by the fine and imprisonment.”)

See also Penal Code 311.2 PC – Sending or bringing into state for sale or distribution; printing, exhibiting, distributing, exchanging or possessing within state; matter depicting sexual conduct by minor; transaction with minor; exemptions [frequently charged along with Penal Code 236.1 PC human trafficking]. (“(a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter is for a first offense, guilty of a misdemeanor. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000). (b) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or to exhibit to, or to exchange with, others for commercial consideration, or who offers to distribute, distributes, or exhibits to, or exchanges with, others for commercial consideration, any obscene matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, is guilty of a felony and shall be punished by imprisonment in the state prison for two, three, or six years, or by a fine not exceeding one hundred thousand dollars ($100,000), in the absence of a finding that the defendant would be incapable of paying that fine, or by both that fine and imprisonment. (c) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or exhibit to, or to exchange with, a person 18 years of age or older, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person 18 years of age or older any matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. It is not necessary to prove commercial consideration or that the matter is obscene in order to establish a violation of this subdivision. If a person has been previously convicted of a violation of this subdivision, he or she is guilty of a felony. (d) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state possesses, prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip, with intent to distribute or exhibit to, or to exchange with, a person under 18 years of age, or who offers to distribute, distributes, or exhibits to, or exchanges with, a person under 18 years of age any matter, knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct, as defined in Section 311.4, is guilty of a felony. It is not necessary to prove commercial consideration or that the matter is obscene in order to establish a violation of this subdivision.”)

37 Penal Code 311.3 PC – Sexual exploitation of child [frequently charged along with Penal Code 236.1 PC human trafficking]. (“(a) A person is guilty of sexual exploitation of a child if he or she knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person. . . . (d) Every person who violates subdivision (a) shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. If the person has been previously convicted of a violation of subdivision (a) or any section of this chapter, he or she shall be punished by imprisonment in the state prison.”)

38 Penal Code 311.4 PC – Employment or use of minor to perform prohibited acts; previous conviction; exception [frequently charged along with Penal Code 236.1 PC human trafficking]. (“(a) Every person who, with knowledge that a person is a minor, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor, hires, employs, or uses the minor to do or assist in doing any of the acts described in Section 311.2, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000). (b) Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, for commercial purposes, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c) Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, is guilty of a felony. It is not necessary to prove commercial purposes in order to establish a violation of this subdivision.”)

39 Penal Code 236.1 PC – California's human trafficking law, endnote 1, above.

40 Penal Code 518 PC – Definition [of extortion—may be charged along with Penal Code 236.1 PC human trafficking]. (“Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”)

41 Penal Code 520 PC – Punishment [for extortion; may be in addition to human trafficking penalties]. (“Every person who extorts any money or other property from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.”)

42 Penal Code 207 PC – Kidnapping [may be charged instead of Penal Code 236.1 PC]. (“ ("(a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping. (b) Every person, who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping. (c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping. (d) Every person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnapping. (e) For purposes of those types of kidnapping requiring force, the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent. (f) Subdivisions (a) to (d), inclusive, do not apply to any of the following: (1) To any person who steals, takes, entices away, detains, conceals, or harbors any child under the age of 14 years, if that act is taken to protect the child from danger of imminent harm. (2) To any person acting under Section 834 or 837.")

43 CALCRIM 1243 – Human Trafficking, endnote 8, above.

44 See same.

45 Penal Code 208 PC – Punishment for kidnapping [may be charged in place of Penal Code 236.1 PC human trafficking]. (“(a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years.”)

46 Penal Code 186.22 PC – Participation in criminal street gang; penalty [may enhance the sentence for human trafficking]. (“(b)(1) Except as provided in paragraphs (4) and (5), any person who is convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished as follows: (A) Except as provided in subparagraphs (B) and (C), the person shall be punished by an additional term of two, three, or four years at the court's discretion. . . .”)

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