The Wyatt Law Office represents those accused of human trafficking, child trafficking for adoption kidnapping and other violent crimes. Human trafficking charges may be filed in federal or state court. We have represented dozens charged with virtually any violent crime under the State and federal criminal codes. If you are charged with a human trafficking or any other violent crime, you will need counsel. Our lawyers are familiar with the law, the defenses to these crimes, and with the criminal justice system. Whether you are guilty and need to negotiate a plea or you simply want a jury trial (whether innocent or guilty), we will defend you. Your future is our business.
- FEDERAL CRIMES
The federal laws involving human trafficking include:
• Human Trafficking & Trafficking for Prostitution. See 18 U.S.C. §§ 2421, 2423 and 2251A(a) and (b).
• Traveling for Sex with Children. It is also a crime for an adult to travel across state or federal borders for the purpose of engaging in sex. See 18 U.S.C. § 2423(b).
• Solicitation of Children for Sex. 18 U.S.C. § 2425 makes it a crime to use interstate facilities (i.e., the Internet or phones) to transmit information about an individual under the age of 16, with “the intent to entice, encourage, offer, or solicit that minor to engage in any sexual activity that can be charged as a criminal offense.”
The applicable Oklahoma laws are described below.
It shall be unlawful to knowingly engage in human trafficking. 21 Okl.St.Ann. § 748. For purposes of this statute, the following terms apply to Human trafficking:
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,
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.
PUNISHMENT FOR HUMAN TRAFFICKING
The Legislature has added human trafficking to the 85% list. That means that if convicted of human trafficking, one must serve not less than 85% of the sentence imposed before being eligible for credits toward early release.
In addition, the punishment includes: imprisonment in the custody of the Department of Corrections for not less than five (5) years, or by a fine of not more than $10,000, or by both.
If the victim is under the age of 18 at the time of the offense, the punishment is enhanced to not less than ten (10) years or by a fine up to $20,000, 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.
CHILD TRAFFICKING (FOR ADOPTION)
The crime of trafficking in children is defined in 21 Okl.St.Ann. § 866 to consist of any of the following acts or any part thereof: The acceptance, solicitation, offer, payment or transfer of any compensation, in money, property or other thing of value, at any time, by any person in connection with the acquisition or transfer of the legal or physical custody or adoption of a minor child, except as ordered by the court or except as otherwise provided by Section 7505-3.2 of Title 10 of the Oklahoma Statutes.
The acceptance or solicitation of any compensation, in money, property or other thing of value, by any person or organization for services performed, rendered or purported to be performed to facilitate or assist in the adoption or foster care placement of a minor child, except by the Department of Human Services, a child-placing agency licensed in Oklahoma pursuant to the Oklahoma Child Care Facilities Licensing Act, or an attorney authorized to practice law in Oklahoma. The provisions of this paragraph shall not prohibit an attorney licensed to practice law in another state or an out-of-state licensed child-placing agency from receiving compensation when working with an attorney licensed in this state who is, or when working with a child-placing agency licensed in this state which is, providing adoption services or other services necessary for placing a child in an adoptive arrangement,
Bringing or causing to be brought into this state or sending or causing to be sent outside this state any child for the purpose of placing such child in a foster home or for the adoption thereof and thereafter refusing to comply upon request with the Interstate Compact on the Placement of Children. Provided, however, that this provision shall have no application to the parent or guardian of the child nor to a person bringing said child into this state for the purpose of adopting the child into such person’s own family,
The solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for the purpose of an adoption by the birth parent of the child who at the time of the solicitation or receipt had no intent to consent to eventual adoption,
The solicitation or receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a woman who knows she is not pregnant but who holds herself out to be pregnant and offers to place a child upon birth for adoption,
The receipt of any money or any other thing of value for expenses related to the placement of a child for adoption by a birth parent, child-placing agency or attorney who receives, from one or more parties, any money or any other thing of value without disclosing to each prospective adoptive parent, child-placing agency, and attorney the receipt of any money or any other thing of value immediately upon receipt,
The solicitation or receipt of any money or any other thing of value by a birth parent, an attorney or child-placing agency for expenses related to the placement of a child for the purpose of adoption from more than one prospective adoptive family for the adoption of one child. A birth parent, child-placing agency or attorney shall not represent that a child is, or will be, available for adoption to more than one prospective adoptive family at one time,
Advertising of services for compensation to assist with or effect the placement of a child for adoption or for care in a foster home by any person or organization except by the Department of Human Services, or a child-placing agency licensed in this state. Nothing in this paragraph shall prohibit an attorney authorized to practice law in Oklahoma from the advertisement of legal services related to the adoption of children, and
Advertisements for and solicitation of a woman who is pregnant to induce her to place her child upon birth for adoption, except by a child-placing agency licensed in this state or an attorney authorized to practice law in Oklahoma. Nothing in this section shall prohibit a person from advertising to solicit a pregnant woman to consider adoptive placement with the person or to locate a child for an adoptive placement into the person’s own home, provided that such person has received a favorable preplacement home study recommendation in accordance with Section 7505-5.1 of Title 10 of the Oklahoma Statutes, which shall be verified by the signed written statement of the person or agency which performed the home study, and provided that no money or other thing of value is offered as part of such an inducement except as ordered by the court or except as otherwise provided by Section 7505-3.2 of Title 10 of the Oklahoma Statutes.
PUNISHMENT FOR CHILD TRAFFICKING
Violation of the child trafficking statute shall constitute a felony and be punishable by imprisonment of up to ten (10) years or a fine of up to Ten Thousand Dollars ($10,000.00) per violation or both such fine and imprisonment.
Call the Wyatt Law Office at 405.234.5500 for your Oklahoma Human Trafficking Lawyers and Attorneys to defend you.