Las Vegas "Human Trafficking" Laws
Explained by
Las Vegas Criminal Defense Attorneys
Human trafficking carries a possible life sentence in
federal prison.
Human trafficking is modern-day slavery. Depending on the circumstances, it may be punished as harshly as murder. Defendants who are accused of this crime in Las Vegas should retain experienced Nevada criminal defense attorneys to navigate through the complicated negotiation and litigation process.
This page briefly explains the Nevada crime of human trafficking. Scroll down to learn its definition, common defenses, and possible punishments.
What is human trafficking in
Las Vegas, Nevada?
Human trafficking is the unlawful trade of people who are then forced to work as laborers or prostitutes. It's the most rapidly growing criminal industry worldwide. Tens of thousands of human trafficking victims are in the U.S., and it's estimated that nearly half of them are under 18.
Some trafficking victims are from the U.S., but most are trafficked in from Mexico, East Asia and other countries. Traffickers typically trap victims by promising them a job or an education. Then the traffickers keep them subservient through physical, sexual and emotional abuse.
Human trafficking is a federal crime under the Thirteenth Amendment and Title 18 of the U.S Code. Therefore allegations of human trafficking in Nevada are usually litigated in Federal District Court in Nevada. However defendants may also face state criminal charges for various related crimes including:
- Las Vegas crime of child abuse
- Las Vegas crime of pandering
- Las Vegas crime of kidnapping
- Las Vegas crime of battery
- Las Vegas crime of sexual assault
The government agencies that enforce federal laws on human trafficking include Immigration and Customs Enforcement (ICE) and the United States Department of Justice Civil Rights Division, Criminal Section. Victims who escape or are freed may be able to apply for a T-Visa, which gives them resident status.
What are the penalties for human trafficking in
Las Vegas, Nevada?
In federal court, the punishment for human trafficking depends upon the purpose of the trafficking and the harm done to the victim:
Trafficking for forced labor
(18 U.S.C. 1590)
The penalty for knowingly transporting or recruiting a person for forced involuntary servitude in Nevada is up to 20 years in federal prison and fines. But the sentence may be increased to life in prison if the defendant in the course of trafficking also committed either:
- kidnapping (or attempted kidnap)
- aggravated sexual abuse (or attempted aggravated sexual abuse)
- murder (or attempted murder)
Trafficking of children for commercial sexual exploitation
(18 U.S.C. 1590)
If the defendant allegedly used force, threats, fraud or coercion to knowingly transport or recruit a minor for prostitution, the sentence is 15 years to life in prison irrespective of the victim's age. If the victim was under 14, the sentence is also 15 years to life whether or not force was used. And if the victim is 14 to 18, the sentence is 10 years to life as long as no force was used.
Note that someone may be prosecuted under this law merely for financially benefiting from the trafficking even if he/she didn't conduct the trafficking operation.
Nevada State Trafficking Laws
Nevada has no specific human trafficking statute. However the legislature recently increased the penalties for the Nevada law of pandering children (NRS 201.352):
Coercing a minor into prostitution with force or threats of force is a category B felony in Nevada carrying:
- 2 – 20 years in Nevada State Prison, and
- maybe $20,000 in fines, and
- maybe an extra $100,000 in fines if the child was 14 to 17, or maybe an extra $500,000 in fines if the child was 13 or below.
If no physical force or threats of force are used, pandering a child is also a category B felony but carries a lesser sentence:
- 1 – 10 years in Nevada State Prison, and
- maybe $10,000 in fines, and
- maybe an extra $100,000 in fines if the child was 14 to 17, or maybe an extra $500,000 in fines if the child was 13 or below.
Defendants may also face forfeiture of certain assets and civil lawsuits from the alleged victims.
What are the defenses to human trafficking in
Las Vegas, Nevada?
Human trafficking cases are among the most complex. This is due to the seriousness of the charges and the federal court system, which tends to move slower than state court. Which defenses would work best for a particular defendant depend on the government's allegations and the circumstances of the case.
Whether the case is prosecuted in federal or state court in Nevada, the prosecutor still has the burden to prove guilt beyond a reasonable doubt. This is an extremely high standard. So a defense attorney should conduct a thorough investigation to try to show that the prosecutor's evidence is too insufficient, irrelevant or unreliable to show guilt.
Another defense strategy is to file with the court a motion to suppress evidence in Nevada. In this motion the defense attorney would argue that the police found their evidence through an illegal search (such as by lacking a proper warrant). If the court agrees, the judge will throw out the evidence. This in turn may cause the government to drop the case for lack of proof.
Arrested? Call for help . . .
If you've been accused of human trafficking in Nevada, call Las Vegas criminal defense attorneys at 702-DEFENSE (333-3673) for a free consultation. They may be able to get the charges reduced or even dismissed if they can debunk the state's evidence. Otherwise they can go to trial and fight vigorously in attempt to clear your name and win a "not guilty" verdict.
For more information go to our articles on: Motion to suppress evidence in Nevada, Las Vegas crime of child abuse, Las Vegas crime of pandering, Las Vegas crime of kidnapping, Las Vegas crime of battery, and Las Vegas crime of sexual assault.
