Human Trafficking
What does the law say?
A. As used in Sections 748 and 748.2 of this title:
1. "Coercion" means compelling, forcing or intimidating a person to act by:
a. threats of harm or physical restraint against any person,
b. any act, scheme, plan, or pattern intended to cause a person to believe that performing, or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person,
c. the abuse or threatened abuse of the law or legal process,
d. knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, or other government identification document, including but not limited to a driver license or birth certificate, of another person,
e. facilitating or controlling a person's access to any addictive or controlled substance other than for legal medical purposes,
f. blackmail,
g. demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution,
h. determining, dictating or setting the times at which another person will be available to engage in an act of prostitution with a third party,
i. determining, dictating or setting the places at which another person will be available for solicitation of, or to engage in, an act of prostitution with a third party, or
j. determining, dictating or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party;
2. "Commercial sex" means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display;
3. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined;
4. "Human trafficking" means modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual's commercial sex act or labor;
5. "Human trafficking for labor" means:
a. recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion or for purposes of engaging the person in labor, or
b. benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act of trafficking for labor;
6. "Human trafficking for commercial sex" means:
a. recruiting, enticing, harboring, maintaining, transporting, providing or obtaining, by any means, another person through deception, force, fraud, threat or coercion for purposes of engaging the person in a commercial sex act,
b. recruiting, enticing, harboring, maintaining, transporting, providing, purchasing or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act, or
c. benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex;
7. "Legal process" means the criminal law, the civil law, or the regulatory system of the federal government, any state, territory, district, commonwealth, or trust territory therein, and any foreign government or subdivision thereof and includes legal civil actions, criminal actions, and regulatory petitions or applications;
8. "Minor" means an individual under eighteen (18) years of age; and
9. "Victim" means a person against whom a violation of any provision of this section has been committed.
B. It shall be unlawful to knowingly engage in human trafficking.
C. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than five (5) years or for life, or by a fine of not more than One Hundred Thousand Dollars ($100,000.00), or by both such fine and imprisonment. Any person violating the provisions of this section where the victim of the offense is under eighteen (18) years of age at the time of the offense shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not less than fifteen (15) years or for life, or by a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or by both such fine and imprisonment. The court shall also order the defendant to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes. If the person is convicted of human trafficking, the person shall serve eighty-five percent (85%) of the sentence before being eligible for parole consideration or any earned credits. The terms of imprisonment specified in this subsection shall not be subject to statutory provisions for suspension, deferral or probation, or state correctional institution earned credits accruing from and after November 1, 1989, except for the achievement earned credits authorized by subsection H of Section 138 of Title 57 of the Oklahoma Statutes. To qualify for such achievement earned credits, such inmates must also be in compliance with the standards for Class level 2 behavior, as defined in subsection D of Section 138 of Title 57 of the Oklahoma Statutes.
D. It is an affirmative defense to prosecution for a criminal offense that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking.
E. The consent of a victim to the activity prohibited by this section shall not constitute a defense.
F. Lack of knowledge of the age of the victim shall not constitute a defense to the activity prohibited by this section with respect to human trafficking of a minor.
What can I do?
As you can see, the definition of human trafficking is very broad and covers not only trafficking for the purposes of sex, but also other forms of labor. This might include coercing or threatening someone to transport drugs, or perform other types of labor without appropriate compensation or working conditions.
The ranges of punishment indicate how seriously our society and legal system take human trafficking. In the case of trafficking adults, the range is five (5) years up to life in prison. In the case of trafficking minors, the maximum is still life, but the minimum jumps to fifteen (15) years, plus some fairly significant fines. Judging is not our job. Our job is to provide you with the best possible legal representation and defend you, your rights, and your future. Whatever your circumstance, call us so that we can get to work on your case and get your side of the story. Call us today!
Legal Concerns?
Stay safe and stay silent. Don’t make a statement to police. You have the right to stay silent, and you should always take full advantage of that right. Even with the best intentions, your words can still be used against you. Without proper representation, the police can set you up for failure that could cause lots of inconvenience and unnecessary aggravation. Let us set you up for success!
If you have been accused of Human Trafficking, be sure to contact the aggressive and compassionate attorneys at Boeheim Freeman Law, who will fight for you and your rights!
Litigation Expertise
The best criminal lawyers will tear apart the credibility and reliability of the State’s witnesses. We investigate thoroughly any motivation that a witness might have to lie or deceive. Our attorneys are well trained in cross-examination techniques and can expertly maneuver around a witness and trap them in their lies and misconceptions. We will get the truth and vigorously defend you. You need an attorney who not only knows the law, but knows how to argue it effectively. Let Boeheim Freeman Law’s expertise and training go to work for you.