Killeen Sex Trafficking Defense Attorney
Representing clients facing human trafficking charges in Killeen, Harker Heights, and Copperas Cove
The United States and Texas has implemented various federal and state laws against using people for sexual purposes. This includes manipulating individuals for commercial purposes, sexual exploitation, sexual slavery, forced relationships, surrogacy, or other forced sexual goals. Sexual trafficking often involves undocumented immigrants, children, vulnerable individuals, and the poor.
At Mary Beth Harrell Criminal Defense and DWI Lawyers, our Killeen sex trafficking lawyers understand how a sex trafficking conviction can result in long prison sentences, large fines, asset forfeiture, and other severe consequences. Our tough criminal defense lawyers fight to hold the prosecution to its burden to prove its case beyond a reasonable doubt. We work to obtain just results including dismissals, fair plea bargains, and acquittals.
What are the state trafficking charges in Texas?
Human trafficking laws for Texas are set forth in the state penal code. An individual is considered to have committed trafficking if they knowingly use force, fraud, or coercion to cause another person to engage in:
- Prostitution
- Promotion of prostitution
- Online promotion of prostitution
- Aggravated promotion of prostitution
- Aggravated online promotion of prostitution
- Compelling prostitution
You can also be charged with sex trafficking if you receive any benefit from these activities. Child sex trafficking also falls under this umbrella, with the following sex offenses:
- Continuous sexual abuse of young child or children
- Indecency with a child
- Sexual assault
- Aggravated sexual assault
- Prostitution
- Promotion of prostitution
- Online promotion of prostitution
- Aggravated promotion of prostitution
- Aggravated online promotion of prostitution
- Compelling prostitution
- Sexual performance by a child
- Employment harmful to children
- Possession or promotion of child pornography
Most of these offenses are felonies. Convictions can result in prison sentences up to 99 years and fines of up to $10,000.
What is the Victims of Trafficking and Violence Protection Act?
In 2000, President Clinton signed the Victims of Trafficking and Violence Protection Act. Some of the key parts of this law that govern sex trafficking and related federal crimes include:
- § 1581. Peonage; obstructing enforcement. Peonage is another term for debt slavery – where people who owe debts are forced into slavery to pay their debts. If the violation of this section of the Act incudes “aggravated sexual abuse or the attempt to commit aggravated sexual abuse,” the defendant can be imprisoned and fined.
- § 1583. Enticement into slavery. This section involves kidnapping or inducing someone to become a slave. Violations also include “aggravated sexual abuse or the attempt to commit aggravated sexual abuse.”
- § 1584. Sale into involuntary servitude. This section involves placing someone into involuntary servitude and selling someone on condition of involuntary servitude – and aggravated sexual abuse.
- § 1589. Forced labor. This section involved using force or causing harm to obtain “the labor or services of a person” including violations that include aggravated sexual abuse.
- § 1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor. This section involves knowingly recruiting or obtaining a person for labor or services, including kidnapping, aggravated sexual abuse, or attempted homicide.
- § 1591. Sex trafficking of children or by force, fraud, or coercion. This includes minors under the age of eighteen.
For many of these federal crimes, especially when children are involved, minimum sentences can be 10 or 20 years in prison.
What defenses can be used in Texas sex trafficking cases?
Some of the defenses that skilled Killeen sex trafficking lawyers can work to use on your behalf include:
- Seeking to suppress evidence on the basis it violated your Fourth Amendment rights – to be free from illegal searches and seizures
- Seeking to suppress statements given in violation of your Fifth Amendment right not to incriminate yourself
- Arguing that you weren’t given the right to question the witnesses against you in violation of your Sixth Amendment right
- Arguing that the prosecution can’t prove its case beyond a reasonable doubt
- Arguing that the alleged victim was a willing participant
- Arguing that a defendant didn’t use force
- Arguing that a defendant didn’t receive a financial benefit
- Arguing that you didn’t have an illegal intent
Other defenses may also apply, depending on the facts of the case and what witnesses may have to say in their testimony.
Why you need a Killeen sex trafficking defense attorney
Anyone charged with sex trafficking is likely to be charged with other related crimes, such as those that involve kidnapping, solicitation, sexual assault, or fraud. Generally, a human trafficking charge involves soliciting someone, recruitment, and harboring or moving someone in order to make a financial profit. If the victim is required to perform (or threatened to perform) sexual acts, then the charges can become sex trafficking charges. Other related crimes may involve money laundering, smuggling, charges involving drugs, and charges involving weapons.
Tough, experienced Killeen trafficking defense attorneys fighting for you
At Mary Beth Harrell Criminal Defense and DWI Lawyers, our Killeen sex trafficking attorneys are ready to take on the complex and difficult criminal cases. Just because you were arrested does not mean you are guilty. We work to suppress evidence and, many times, we are able to negotiate a strong plea agreement. When necessary, we have experience choosing juries and trying criminal cases before a judge. For help with a sex trafficking charge and related charges, call us at 254-680-4655 or complete our contact form to schedule an appointment. We represent clients in and near Killeen, Harker Heights, and Copperas Cove.