A sexual trafficking accusation can turn your life upside down. The penalties are severe, the stigma is immediate, and the legal process is overwhelming. You may feel like the system is stacked against you, but you are not alone. At M|C Criminal Law, we understand that not every accusation tells the full story. Our experienced human trafficking lawyers know how to challenge weak evidence, expose unreliable testimony, and fight for your rights in and out of the courtroom.
With former prosecutors on our team, we have the insight needed to anticipate the state’s strategies and counter them effectively. Whether you are facing charges under Texas law, federal law, or both, we are prepared to defend you with the skill and dedication your case demands. Time is critical – contact us today to start building your defense.
Sexual trafficking in Texas falls into the wider category of human trafficking, as it is outlined in the Texas Penal Code, Title 5, Section 20A.02. While there is no separate offense for sexual trafficking, a person can be charged under different statutes of the Code that involve sexual activities. Activities that constitute sexual trafficking are knowingly:
For a conviction, the prosecution must prove both that the alleged activities happened and that certain other important elements of the offense are fulfilled. First, the prosecutor must prove that the accused acted knowingly, which is a culpable mental state defined in the Texas Penal Code, Title 2, Section 6.03(b) as:
‘A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.’
For offenses involving adults and non-disabled individuals, the prosecution must also prove that force, fraud, or coercion were used. When it comes to children and disabled individuals, there is no need to prove that they engaged in certain activities due to force, fraud, or coercions, just that the actions of the accused caused children or disabled individuals to engage in such activities.
Experienced Texas human trafficking lawyers can challenge some or all of these claims as a basis for criminal defense. And a strategic defense is needed, because the punishments for sexual trafficking in Texas are some of the harshest in the country.
Human and sexual trafficking of non-disabled adults is classified as a second-degree felony if no aggravating factors are present. A second-degree felony is punished by 2 to 20 years in prison and a fine of up to $10,000. If aggravating factors are present, such as the use of a deadly weapon, strangling the person, causing bodily injury or death, or obtaining the trafficked persons from shelters or other facilities for endangered groups, the offense can be elevated to a first-degree felony.
Sexual trafficking of children or disabled individuals is a first-degree felony, regardless of any other factors. It is also important that it is not relevant if the accused knew that the victim was a child or a disabled individual at the time the offense was committed. A first-degree felony is punished by 5 to 99 years or life in prison and a fine of up to $10,000.
Additionally, continuous trafficking of persons is a separate offense and entails committing any offenses from the Texas Penal Code, Title 5, Section 20A.02 (human trafficking) two or more times over a period of 30 or more days. Continuous human trafficking is always a first-degree felony.
In addition to imprisonment and fines, a conviction for sexual trafficking in Texas carries severe long-term consequences. You may be required to pay restitution to victims and could also face civil lawsuits, leading to significant financial burdens. A felony conviction will leave a permanent mark on your record, making it difficult to find housing and employment after release.
Sexual trafficking can also be a federal offense under 8 U.S. Code, Section 1591. The federal offense involves knowingly causing persons to engage in commercial sex acts or benefit from them over state or country borders. Depending on the circumstances of the case, the punishment for federal sex trafficking can range from 10 years to life in prison. A person can be charged under the Texas and federal statutes at the same time.
At M|C Criminal Law, our experienced sex crimes lawyers are committed to providing a strong defense for individuals facing sexual trafficking charges. With our background as former prosecutors, we have a deep understanding of how the state builds its cases and we use this knowledge to find weaknesses in the prosecution’s arguments.
The best defense strategy depends on the specifics of your case, but many successful defenses challenge the elements the prosecution must prove beyond a reasonable doubt. Our attorneys meticulously analyze the evidence, scrutinize witness statements, and expose inconsistencies that could lead to reduced charges or case dismissal.
In some cases, individuals accused of trafficking are actually victims themselves – forced or coerced into illegal activity. Prosecutors may charge victims of trafficking schemes, but defenses such as duress or fraud can be used to explain your actions and fight the allegations.
If you are facing state or federal sexual trafficking charges, you need a skilled legal team that understands the complexities of these cases. Contact M|C Criminal Law’s human trafficking lawyers today for a confidential consultation and let us build a defense tailored to your situation.
