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California Penal Code § 236.1(a) – Human Trafficking

California Penal Code § [Section] 236.1(a) – Human Trafficking

California Penal Code [CPC] §236.1(a)Human Trafficking – Penal Code Section 236.1(a) makes it illegal to deprive or violate the personal liberty of another with the intent to obtain forced labor or services. Sex acts are included within the meaning of “labor and services.” The statute also covers inducing minors into creating commercial pornography.

Conviction under CPC §236.1(a) permits up to twelve years in a state prison and/or a fine of up to $500,000. Note, however, that if you induce a minor into a commercial sex act, you face the possibility of life in prison and/or a fine of up to $500,000. You may also be required to register as a Sex Offender.  

What Does California Penal Code §236.1(a) [Human Trafficking] Prohibit?

In sum, to be guilty of Human Trafficking under CPC §236.1(a), you must:

  • Deprive or violate another's liberty; AND,
  • Intend to obtain forced labor or services; OR,
  • Intend on committing or maintaining a felony.

Defining “Human Trafficking” Under California Penal Code §236.1(a)

To convict you under CPC §236.1(a), the prosecutor must prove the following beyond a reasonable doubt:

  • DEPRIVED ANOTHER PERSON: You deprived another person of liberty or violated that other person's liberty;[1] AND,
  • FORCED LABOR OR SERVICES: When you acted, you intended to obtain forced labor or services;[2] OR,
  • COMMIT OR MAINTAIN A FELONY: When you acted, you intended to commit or maintain a felony.

Example: Defendant Domingo has been arrested and charged under CPC §236.1(a) after abducting Victim Vera, a sex worker, from a street corner along Skid Row in LA. Domingo held Vera for several days and compelled her to perform sex acts. He took most of the money from this. Domingo admits these things. Nonetheless, Domingo insists he is a pimp and can only be charged with Pimping. Is he correct?

Conclusion: Domingo intentionally deprived Vera of her personal liberty. He did this because he wanted to force her to perform prostitution services. These are the elements of the crime. That Domingo may also be a pimp is of no importance, except to the extent that he may also be charged under Section 266h of the Penal Code[3] under these circumstances. Therefore, Domingo is incorrect.   

Penalties For Human Trafficking Under CPC §236.1(a)

If you're convicted of Human Trafficking under CPC §236.1(a), the penalty may be:

  • A term of up to twelve (12) years in a state prison; OR,
  • A fine of up to $500,000 (five-hundred-thousand dollars); OR,
  • Both a fine and imprisonment.[4]

However, if you induce a minor into a commercial act under, the penalty may be:

  • A term of life in a state prison; OR.
  • A fine of up to $500,000 (five-hundred-thousand dollars); OR,
  • Both a fine and imprisonment;[5] AND,
  • The duty to register as a Sex Offender.[6]

As state above, conviction under CPC §236.1(a) carries a maximum penalty of twelve (12) years in a state prison and/or a fine of up to $500,000 (five-hundred-thousand dollars).[7] However, if you induce a minor into committing a commercial sex act, you face a potential life term in a state prison and/or a fine of up to $500,000 (five-hundred-thousand dollars).[8] You will also have to register as a Sex Offender.[9]

Defenses Against California Penal Code §236.1(a) – Human Trafficking

Three common defenses against a charge of Human Trafficking under CPC §236.1(a) are:

You Were Wrong About The Facts Of A Situation

Example: Defendant Douglas hires Victim Vi as live-in help from Mexico. When she arrives, Douglas, who does not speak Spanish, offers to take her passport and keep it in his safe. Vi gives it to him. Douglas puts her to work. What Douglas doesn't know is that Vi, who doesn't speak English, thinks that he took her passport and is forcing her to work. Vi's family has Douglas charged under §236.1(a). Is he guilty?  

Conclusion: Douglas, as the facts make clear, hired someone from out-of-country and offered to secure her passport for her. There was a simple miscommunication based on the fact that Douglas isn't a Spanish speaker and Vi doesn't speak English. Under the circumstances, it's understandable that Vi was concerned for her wellbeing. But Douglas surely isn't guilty. He was wrong about the facts of a situation.

You Didn't Intend A Deprivation Or Violation Of Liberty

Example: Defendant Deke has been out of work and is very unhappy. Now Victim Vicca, Deke's wife, is the sole breadwinner in their house and Deke must do things like take Vicca to work - which he particularly hates. One day, he screams at Vicca, “Get in the car! I'm taking you to make money for me!” Traumatized, she does so. Then she reports Deke. Now he's been charged under §236.1(a). Is he guilty?   

Conclusion: Deke took Vicca to work because he's unemployed. He does not want to live off of Vicca. He is “very unhappy” about his situation. He refers to making money “for” him only because he takes her to work instead of going himself. Thus, Deke is not trying to deprive Vicca in any way when he insists she get in his car and go to work. Deke is innocent. He didn't intend a deprivation or a violation of liberty. 

You Were Falsely Accused

Example: Defendant Derrick admits that he is a pimp who “runs” women in LA. Victim Vina, one of the women who chose to work in Derrick's ‘stable' of women, has a dispute with him over money. Derrick refuses to pay more to Vina, so Vina reports that Derrick abducted her and is using physical force and threats to make her do sex work. Derrick is arrested and charged under CPC §236.1(a). Is he guilty?    

Conclusion: Derrick is a pimp. This is illegal. However, he hasn't been charged with Pimping. He faces an allegation that he denied or deprived Vina of personal liberty in order to force her to into prostitution. The facts make it clear that Vina “chose to work in Derrick's ‘stable' of women.” Angry with Derrick over money, Vina simply filed a baseless trafficking complaint. Derrick is innocent. He was falsely accused.

Related Offenses

Note: The crimes below are described generally as “related” because they're frequently charged with CPC §236.1(a) and/or have common elements the prosecutor must prove beyond a reasonable doubt.

The California Penal Code includes several offenses related to Human Trafficking: Pandering (CPC §266i(a)), Pimping (CPC §266h(a)), Developing, Duplicating or Exchanging Child Pornography (CPC §311.3(a)), Possession Of Child Pornography (CPC §311.1(a)), Distributing Obscene Material (CPC §311.2(a)), Employing Minors to Participate in Child Pornography (CPC §311.4(a)), False Imprisonment (CPC §236), Lewd Act On A Child (CPC §288(a)), Arranging A Meeting With Minor For Lewd Purposes (CPC §288.4), Rape (CPC §261(a)(2)) and Soliciting Prostitution (CPC §§647(b)(1)-(3)).

Pandering

Pandering (CPC §266i(a)) involves encouraging, procuring, or inducing another person to become a prostitute, or procuring another person to perform acts as a prostitute. The crime is related to Human Trafficking because pandering often precedes acts of prostitution, some involving minors, potentially allowing the prosecution to charge you with both crimes in the same trial.

If you're convicted of Pandering, the penalty may be:  

  • A term of up to six (6) years in a state prison;[10] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[11]

More information can be found in the California Sex Offense Lawyers section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. Guaranteed.

California Jury Instructions – Pandering

To convict you under CPC §266i(a), the prosecution must prove the following beyond a reasonable doubt:

You successfully persuaded or procured someone to become a prostitute or you used promises, threats, or violence to cause a person to become a prostitute or you arranged or procured a position for someone to be a prostitute in either a house of prostitution or any other place where prostitution is encouraged or allowed or you used promises, threats, or violence to cause a person to remain a prostitute in a house of prostitution or any other place where prostitution is encouraged or allowed or you used fraud, trickery, or duress or abused a position of confidence or authority to persuade or procure someone to be a prostitute or enter any place where prostitution is encouraged or allowed or you received, gave, agreed to receive, or agreed to give money or something of value in exchange for persuading, attempting to persuade, procuring, or attempting to procure someone to be a prostitute. You also intended to influence the person to be a prostitute.

Example: Defendant Danni manages an underground brothel in Downtown LA. She employs Victim Vonnie, a woman who wants to get out of the business and go to college. Danni counsels Vonnie to remain a prostitute in Danni's brothel, promising that Vonnie “will save all the money” she “needs for college.” Vonnie resists. Danni doesn't relent. Vonnie agrees to remain. Is Danni guilty under §266i(a)?

Conclusion: Vonnie wanted to end her work as a prostitute. Danni, however, intended to influence Vonnie to be a sex worker. She then used a promise of earning money for college to persuade Vonnie to remain in Danni's brothel. She was persistent, too, and thus overcame Vonnie's opposition. This shows an obvious intent to influence Vonnie to remain in sex work. Danni is guilty, under these circumstances.

Pimping

The crime of Pimping (CPC §266h(a)) involves deriving support or maintenance from the earnings of a person's prostitution. It also applies to earning from money loaned, advanced to, or charged against that person by any keeper of a house where prostitution is practiced or allowed. The same law applies to one who receives compensation for soliciting for the prostitute. The crime is related to Human Trafficking because pimps sometimes derive income from trafficked persons made to commit acts of prostitution, including minors, potentially allowing the prosecution to charge you with both crimes in the same trial.

If you're convicted of Pimping, the penalty may be:

  • A term of up to six (6) years in a state prison;[12] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[13]

More information can be found in the Pimping section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer – always guaranteed.

California Jury Instructions – Pimping

To convict you under CPC §266h(a), the prosecution must prove the following beyond a reasonable doubt:

You knew that someone was a prostitute. The money or proceeds that person earned as a prostitute supported you, in whole or in part, or, money that was loaned to, advanced to, or charged against a prostitute by a person who kept, managed, or was a prostitute at a house or another place where   prostitution occurred generated proceeds or money that supported you, or, you asked for or received payment for soliciting customers on behalf of a prostitute.

Example: Defendant Dominic lives off money he loans to sex workers who work on Figueroa Street in LA. The sex workers, in turn, must repay him at a very high rate of interest. Dominic is not a licensed banker or loan officer in California. But he claims that his loan advances allow him an ownership interest in the sex workers' earnings. Now he's facing charges under CPC §266h(a). Is Dominic guilty of Pimping?    

Conclusion: Dominic lent money to prostitutes at a rate of interest so high, it suggested he had a stake in their venture. Then he stated that his loans had purchased an interest for him in money earned by sex workers from streets where prostitution occurs. This is how Dominic takes money to support himself from the proceeds of sex workers. These are the elements of the crime. Dominic should be convicted.  

Developing, Duplicating or Exchanging Child Pornography

Developing, Duplicating or Exchanging Child Pornography (CPC §311.3(a)) involves developing, duplicating, printing or exchanging data or an image or representation showing a person under the age of eighteen personally participating in sexual conduct. You must know the kind of material involved.  The crime is related to Human Trafficking because minors may be commercially and sexually exploited in ways involving images, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Developing, Duplicating or Exchanging Child Pornography, the penalty for a first-time conviction may be:

  • A term of up to one (1) year in a county jail; OR,
  • A fine of up to $2,000 (two-thousand dollars); OR,
  • Both imprisonment and a fine.[14]

More information can be found in the Child Pornography section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It's guaranteed.

California Jury Instructions – Developing, Duplicating or Exchanging Child Pornography

To convict you under CPC §311.3(a), the prosecution must prove the following beyond a reasonable doubt:

You developed, duplicated, printed or exchanged data or an image representation. When you acted, you knew the kind of material involved and you knew the material showed a person under the age of eighteen personally participating in sexual conduct.

Example: Defendant Dominica admits that she possessed images showing persons under the age of eighteen engaged in sex acts. She admits that she knew the kind of material she possessed. She even admits that she willingly purchased it from Black Market Seller. Nonetheless, Dominica insists that she still can't be guilty of a charge under CPC §311.3(a). Is she correct or should Dominica be convicted?

Conclusion: Dominica knowingly possessed images depicting persons under the age of eighteen engaged in sex acts. These are elements of the crime. But Dominica didn't admit to developing, duplicating, printing or exchanging the images; she purchased the images from another person and kept the images for herself. Therefore, while she is guilty of another crime,[15] Dominica is correct about CPC §311.3(a).

Possession Of Child Pornography

Possession Of Child Pornography (CPC §311.1(a)) occurs when anyone causes an image or recording of a person under eighteen performing sexual acts to be brought into the state or made in California. Child pornography cannot be shared, sold, or exhibited in California. Anyone who does this knowing that a minor under eighteen is featured in sexual material violates the California Penal Code. The crime is related to Human Trafficking because pornography involving trafficked minors is often possessed or transported in this state, permitting the prosecution to charge you with both crimes in the same trial.

CPC §311.1(a) is a “wobbler”[16] offense, meaning that prosecutors can charge it either as a Felony or a Misdemeanor, depending upon the unique facts of your case.  If you're convicted of the Felony form, the penalty may be:

  • A term of up to three (3) years in state prison;[17] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both a fine and imprisonment.[18]

California Jury Instructions – Possession Of Child Pornography

To convict you under CPC §311.1(a), the prosecution must prove the following beyond a reasonable doubt:

You sent or brought obscene matter into California or caused obscene matter to be sent or brought into California or you possessed, or prepared, or published, or produced, or developed, or duplicated, or printed obscene matter or you offered to distribute obscene matter to someone else or you distributed or showed or exchanged obscene matter to or with someone else. When you acted, you knew the character of the matter. Additionally, when you acted, you knew that the matter showed a person under the age of eighteen years who was personally participating in or simulating sexual conduct (and, if necessary, you intended to sell, distribute, show, or exchange or distribute the matter to someone else for money or other commercial benefit).

Example: Defendant Darian transports stolen goods for Interstate Seller. He drives them from Tucson, Arizona, into Los Angeles. But he's never told what he's transporting. Damian is arrested for transporting pirated compact video discs. Police confiscate and examine the discs. One contains child pornography. Now Darian faces a charge under CPC §311.1(a). He insists that he must be innocent. Is Darian guilty?

Conclusion: Darian transported stolen goods into the state. He also intended that the goods be sold here. This is a crime. However, Darian didn't know what goods he was transporting. Knowledge of the character of the illegal material is an element of the crime. The same is true for knowing that someone under eighteen is on the video disc. Since elements of the charge are missing, Darian must be innocent.  

Distributing Obscene Material

Distributing Obscene Material (CPC §311.2(a)) involves sending or bringing obscene material into California or causing obscene material to be sent or brought into California. The statute also makes it illegal to possess, prepare, publish, produce, or print obscene material in California, as well as criminalizing offering to distribute obscene material or showing someone else the obscene material. The crime is related to Human Trafficking because obscene material involving trafficked persons is often distributed in this state, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Distributing Obscene Material, the penalty for a first conviction may be:

  • A term of up to one (1) year in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both imprisonment and a fine.[19]

California Jury Instructions – Distributing Obscene Material

To convict you under CPC §311.2(a), the prosecution must prove the following beyond a reasonable doubt:

You sent or brought obscene material into California or caused obscene material to be sent or brought into California or you possessed, or prepared, or published, or produced, or printed obscene material in California or you offered to distribute obscene material to someone else or you distributed or showed obscene material to someone else. Additionally, you knew the character of the material, and, if necessary, you intended to sell, distribute, or show the material to someone else.

Example: Defendant Derek knows that Fetish Magazine is illegal in California. Nonetheless, he goes out of state and buys a copy of an issue in Nevada. He returns to Reseda with the magazine. But when Derek is stopped for speeding, police search his car and find the magazine. Knowing the publication's illegality, they charge Derek under CPC §311.2(a). He insists that he can't be guilty. Is Derek innocent? 

Conclusion: Derek intentionally brought a magazine considered illegally obscene into California. He knew the character of the material. This is all the law requires for conviction, since he didn't intend on distributing the magazine to someone else. It isn't necessary for obscene material to be distributed by the possessor for the law to be violated; simply possessing the material is also illegal. Derek is guilty.

Employing Minors to Participate in Child Pornography

Employing Minors to Participate in Child Pornography (CPC §311.4) as a crime involves knowingly hiring, employing, or using a minor to do, or assist in doing, any of the acts described in CPC §311.2. Getting another person to create child pornography is also made illegal under the statute. The crime is related to Human Trafficking because sexual material employing trafficked minors is often distributed in this state, permitting the prosecution to charge you with both crimes in the same trial.

CPC §311.4(a) is a “wobbler.”[20] If you're convicted of Employing Minors to Participate in Child Pornography, the penalty for a first conviction may be:

  • A term of up to one (1) year in a state prison; OR,
  • A fine of up to $2,000 (two-thousand dollars); OR,
  • Both a fine and imprisonment.[21]

California Jury Instructions – Employing Minors to Participate in Child Pornography

To convict you under CPC §311.4(a), the prosecution must prove the following beyond a reasonable doubt:

You hired, employed, or used a minor to do, or assist in doing, any of the acts described in CPC §311.2 or you got another person to create child pornography.

Example: Defendant Derry is doing a student film at USC. Mother, Father, and a small child, Victim Victor, have dinner together in one scene. In the very next scene, Mother and Father have sex in their own bedroom. Not having seen the script, Victor's Parents become irate when they see all this in the film. They report Derry for a violation of §311.4(a). Derry claims he must be innocent. Is Derry guilty?

Conclusion: Derry made a film with two different scenes. In the first, Victor ate with Mother and Father. Nothing of a sexual nature occurred in this sequence of events. In the second scene, sex appeared on screen. However, Victor had nothing to do with this scene. Given that the statute would require that Victor doing something obscene in the film, Derry is correct. He is not guilty of the charge.  

False Imprisonment

The crime of False Imprisonment (CPC §236) involves unlawful violation of the personal liberty of another. The crime is related to Human Trafficking because trafficked persons are falsely imprisoned in most cases, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of ordinary False Imprisonment, the penalty may be:

  • A term of up to one (1) year in a county prison; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[22]

More information can be found in the False Imprisonment section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It's our guarantee.

California Jury Instructions – False Imprisonment

To convict you under CPC §236, the prosecution must prove the following beyond a reasonable doubt:

You intentionally and unlawfully restrained, detained, or confined a person. Furthermore, your act made that person stay or go somewhere against that person's will.

Example: Defendant Dee is driving through Hollywood when she sees Victim Vee walking along. Vee, who sells drugs, took money from Dee a few nights before but never supplied Dee with the drugs Vee promised. Now Dee stops her car, grabs Vee, pulls Vee into her car and drives off, telling Vee she can't get out until Dee gets back her money. Police see this. They charge Dee under CPC §236. Is Dee guilty?

Conclusion: Dee intentionally held Vee in her car. Considering that Dee grabbed Vee, pulled her into a car, and told Vee she couldn't “get out” until Vee gave Dee money, it is reasonable to conclude that Vee was confined in the car against her will. These are the elements of the crime. Dee is guilty.[23]

Lewd Acts On A Child

The crime of Lewd Acts On A Child (CPC §288(a)) occurs when an adult engages in a sex act with a minor under fourteen. The act must occur with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or the child. The crime is related to Human Trafficking because minors can be made to engage in commercial sexual conduct with adults, resulting in charges for both crimes in the same trial.

Section 288(a) is written to so that prosecutors can charge differently, depending on the ages of the victim and defendant, so Lewd Acts On A Child is a “wobbler”[24] offense in California. If you're convicted of Lewd Acts On A Child under CPC §288(a), the penalty may be:

  • A term of up to eight (8) years in a state prison;[25] OR,
  • A fine of up to $10,000 (ten-thousand) dollars; OR,
  • Both a fine and imprisonment;[26] AND,
  • The duty to register as a Sex Offender.[27]

More information can be found in the Lewd Acts On A Child section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It's always guaranteed.

California Jury Instructions – Lewd Acts On A Child

To convict you under CPC §288(a), the prosecution must prove the following beyond a reasonable doubt:

You willfully touched any part of a child's body either on the bare skin or through the clothing or you willfully caused a child to touch his or her own body, your body, or the body of someone else, either on the bare skin or through the clothing. You committed the act with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of yourself or the child, and the child was under the age of fourteen years at the time of the act.

Example: Defendant Dom's ten-year-old son, Victim Verne, has a sunburn. Dom applies a balm to Verne's skin. The balm is pleasing to Verne. He begins to want to have the balm rubbed on his skin even when he isn't burned. Ex-Wife learns that Verne wants this done and that Dom first applied the balm to Verne's skin. She reports Dom for a violation of CPC §288(a). Is Dom guilty, under these circumstances?

Conclusion: Dom did touch Verne's skin. The resultant contact was gratifying to Verne. Verne was under fourteen at the time. These are elements of the crime. However, Dom did not intend on arousing, gratifying, or appealing to lust of any kind when he applied the balm; he was trying to soothe Verne's sunburn. Therefore, even though Verne enjoyed being treated for his burnt skin, Dom is not guilty.

Arranging A Meeting With Minor For Lewd Purposes

The Arranging Meeting With Minor For Lewd Purpose (CPC §288.4(a)) law makes it illegal to arrange to meet with a minor in order to expose your genitals, pubic area or your anus, or to meet in order to engage in lewd and lascivious conduct. Unlike similar offenses, CPC §288.4(a)(1) makes it a crime to arrange a meeting with someone you only assume to be a minor. The crime is related to Human Trafficking because minors are often made the subject of commercial meetings for lewd purposes, permitting charges of committing both crimes in the same trial.

If you're convicted of Arranging Meeting With Minor For Lewd Purpose, the penalty may be:

  • A term of up to one (1) year in a state prison; OR,
  • A fine of up to $5,000 (five-thousand dollars); OR,
  • Both a fine and imprisonment;[28] AND,
  • The duty to register as a Sex Offender.[29]

More information can be found in the Arranging Meeting With Minor For Lewd Purpose section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It is our guarantee.

California Jury Instructions – Arranging Meeting With Minor For Lewd Purpose

To convict you under CPC §288.4(a), the prosecution must prove the following beyond a reasonable doubt:

You arranged a meeting with a minor or a person you believed to be a minor. When you did so, you were motivated by an unnatural or abnormal sexual interest in children. Finally, at that meeting, you intended to expose your genitals or pubic or rectal area or have the minor expose his or her genitals or pubic or rectal area or engage in lewd or lascivious behavior.

Example: Defendant Dean often chats on a fetish website with a user named “Vic13” who says he's an adolescent. They arrange an in-person meeting to have sex. But Dean doesn't believe he's talking with a minor because Vic says things that make him sound like an adult (such as referring to “driving” a “Toyota off” his “base after Reserve maneuvers end.”) Police charge Dean under §288.4(a). Is Dean innocent?  

Conclusion: Dean arranged a meeting with Vic in which they were going to have sex. These are the only present elements of the offense. Dean did not believe Vic was underaged - as evidenced, for example, by Vic's referring to driving a car off a military base which Vic couldn't access as a Reservist unless Vic were an adult. Thus, Vic's minority also couldn't have motivated the meeting. Dean must be innocent.   

Rape

Rape (CPC §261(a)(2)) involves having sex with anyone who isn't your spouse through force, fear, threats or duress. Rape always involves overcoming the free will of the victim, although it isn't required that the victim resist to communicate a lack of consent. The crime is related to Human Trafficking because rape is often committed against trafficked persons, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of Rape under CPC §261(a)(2), the penalty may be:

  • A term of up to eight (8) years in a state prison;[30] OR,
  • A fine of up to $10,000 (ten-thousand dollars); OR,
  • Both imprisonment and a fine;[31] AND;
  • The requirement to register as a Sex Offender.[32]

Rape is also counted as a ‘serious felony' for purposes of California's “Three Strikes” system.[33] If you accrue three “strikes” on your record, you'll serve a minimum of twenty-five (25) years in state prison.[34]

More information can be found in the Rape section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It is our guarantee.

California Jury Instructions – Rape

To convict you under CPC §261(a)(2), the prosecution must prove the following beyond a reasonable doubt:

You had sexual intercourse with someone who did not consent to the intercourse. You accomplished the intercourse by force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the person or to someone else or by threatening to retaliate in the future against the person or someone else when there was a reasonable possibility that you would carry out the threat or by threatening to use the authority of a public office to incarcerate, arrest, or deport someone.

Example: Defendant Dallas admits that he threatened Victim Vira with deportation if she didn't have sex with him. He admits that Vira didn't want to have sex with him. He admits that he knew this at the time. Nonetheless, Dallas insists that he can't be guilty under CPC §261(a)(2) because he merely showed Vira a false, if very convincing-looking, state immigration official identification badge. Is Dallas innocent?

Conclusion: Dallas used a “very convincing-looking” immigration badge to intimidate Vira into having sex with him. The use of the badge overcame her lack of consent to the act. These are the elements of the offense. The fact that Dallas used a false official ID to accomplish the sex act doesn't relieve him of responsibility; in fact, use of this sort of state ID is an offense all its own.[35] Dallas should be convicted.

Soliciting Prostitution

The Soliciting Prostitution (CPC §§647(b)(1)-(3)) law makes it a crime to solicit or agree to engage in prostitution with anyone who's eighteen or older in exchange for compensation. Section 647(b) also makes it illegal to solicit or agree to engage in prostitution with a minor in exchange for compensation. The crime is related to Human Trafficking because trafficked persons are often used in prostitution, permitting the prosecution to charge you with both crimes in the same trial.

If you're convicted of ordinary Soliciting Prostitution, the penalty may be:

  • A term of up to six (6) months in a county jail; OR,
  • A fine of up to $1,000 (one-thousand dollars); OR,
  • Both a fine and imprisonment.[36]

More information can be found in the Soliciting Prostitution section of the Kann California Defense Group's website. If you have questions, contact any of the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. That's always a guarantee.

California Jury Instructions – Soliciting Prostitution

To convict you under CPC §§647(b)(1)-(3), the prosecution must prove the following beyond a reasonable doubt:

You requested that another person engage in an act of prostitution. You intended to engage in an act of prostitution with the other person. Finally, the other person received the communication containing the request.

Example: Defendant Dimi is a sex worker who is approached by Undercover Officer on Santa Monica Boulevard. Dimi asks Undercover Officer if the Undercover Officer will touch Dimi's genitals before they talk about sex. The Undercover Officer does so. Then, having discussed a price for sex, Dimi is arrested and charged under §§647(b)(2). Is Dimi guilty, under these circumstances, or does he have a defense?

Conclusion: Dimi discussed engaging in a sex act with Undercover Officer. Dimi intended on committing the sex act. These are the elements of the offense. However, Undercover Officer did something which would communicate to even a normally law-abiding person that he or she was free to violate the law (touching Dimi's genitals). Dimi has the defense of Entrapment.[37] Given this, Dimi should be acquitted.

What Can I Do If I'm Charged With Human Trafficking?

The State of California treats Human Trafficking as an extremely serious offense. If you're charged with Human Trafficking, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.

Remember, a professional criminal defense attorney may be able to:

  • Negotiate a lesser charge in a plea bargain;
  • Reduce your sentence;
  • Or even get charges dismissed completely.

The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities. 

If you or someone you know has been arrested for, or charged with, Human Trafficking, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.

Contact the Kann California Law Group today to schedule your free and confidential consultation.

References

[1] “Depriving or violating another person's personal liberty, as used here, includes substantial and sustained restriction of another person's liberty… under circumstances in which the person receiving or perceiving [a] threat reasonably believes that it is likely that the person making the threat would carry it out.” Such threats include force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury. See California Criminal Jury Instructions 1243 (CALCRIM) (2020).

[2] “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.” See above.  

[3] See California Penal Code [CPC] §266h.

[4] See CPC §236.1 (a).

[5] See CPC §236.1 (c) (2).

[6] See CPC §290 (c) (1).

[7] See Endnote 4.

[8] See Endnote 5.

[9] See Endnote 6.

[10] See CPC §266i (a).

[11] See CPC §672.

[12] See CPC §266h (a).

[13] See Endnote 11.

[14] See CPC §311.3 (d).

[15] Primarily, Possession of Child Pornography. See CPC §311.1 (a).

[16] See “Wobbler Law and Legal Definition” at USLegal.com.  

[17] See CPC §18 (a).

[18] See CPC §311.1 (a).

[19] See CPC §19.

[20] See Endnote 16.

[21] See CPC §311.4 (a).

[22] See CPC §237 (a).

[23] Note: Considering that Dee used violent force in effecting the imprisonment, she's also eligible for a charge of Felony False Imprisonment. See CPC §236.

[24] See Endnote 16.

[25] See CPC §288 (a).

[26] See Endnote 11.

[27] See Endnote 6. 

[28] See CPC §288.4 (a).

[29] See Endnote 6. 

[30] See CPC §264 (a).

[31] See Endnote 11.

[32] See Endnote 6. 

[33] See CPC §1192.7 (c) (3).

[34] See CPC §667 (e) (2) (A) (ii).   

[35] See Forgery of Government, Public, or Corporate Seal (CPC §472).

[36] See Endnote 19. 

[37] See California Criminal Jury Instructions 3408 (CALCRIM) (2020).

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