Human Trafficking California Penal Code 236.1
Human Trafficking is a $32 billion global industry that remains to be one of California’s most difficult crimes to monitor. California General Attorney 2012 report state that Human Trafficking estimates that there are 20.9 million victims worldwide.
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, in which the person has not attained 18years of age: or
Labor or services, thought the use of force, fraud or coercion for the purpose of involuntary services, peonage, debt bondage or slavery
Different types of Human Trafficking:
Sex Trafficking or slavery is forcing human beings into any form of commercial sexual exploitation. Commercial sexual exploitation includes pornography, prostitution and the sex trafficking of women and girls, and can be an exchange for goods or money. Seventy nine percent of human trafficking victims are women and girls and most end up in sex slavery.
Punishment and Sentencing Guidelines:
PC 236.1 (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.
Both at the state and local level include case management, victim advocacy, housing, food, medical and dental care, health management treatment, substance abuse treatment, counseling, immigration and legal assistance and employment training services. The Obama Administration recently outlined four year plan to strengthen their efforts to combat human trafficking.
Difference between Human Trafficking and Smuggling:
Though they are often confused, human trafficking and smuggling are separate and fundamentally different crimes. Human trafficking is a crime against the person whereas smuggling is a crime against the state. Smuggling occurs when a person voluntarily requests or hires a person, known as a smuggler, to transport him or her across a border for a fee.
At least theoretically, a person who is smuggled into the United States is free to leave upon payment of a prearranged fee, while a victim of human trafficking is enslaved to supply labor or services. Unlike smuggling, the crime of human trafficking does not require travel or transportation of the victim across borders. Thus, human trafficking can (and does) occur domestically, with victims who are born and raised in California and other states.