Maryland and Federal Laws on Human Trafficking and Forced Labor: A Comparative Analysis, Slides of Immigration Law

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Human Trafficking Crimes Docsity.com Relevant Statutes Maryland • Sexual Solicitation of a Minor CR § 3-324 • Extortion CR § 3-701 • Human Trafficking CR § 11-303 • Receiving Earnings of Prostitute CR § 11-304 • Abduction of Child under 16 CR § 11-305 • House of Prostitution CR § 11- 306 Federal • Forced Labor 18 USC § 1589 • Trafficking with respect to peonage, slavery, forced labor § 1590 • Sex Trafficking of Children or by Force, Fraud, Coercion § 1591 • Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Forced Labor § 1592 • General Provisions 18 USC 1593 – 1596 • See also Trafficking Victim’s Protection Act 22 USC 7101 et seq; 42 USC 14044 et seq Docsity.com Forced Labor - Federal Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor - 18 USC § 1590 • Whoever knowingly recruits, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter; or • Obstructs, attempts to obstruct, or in any way interferes with or prevents enforcement of this section; • Penalty: – Fine or imprisoned not more than 20 years – If violation includes kidnapping or attempt, aggravated sexual abuse or attempt, or attempt to kill, fine or imprisoned for an term of years or life, or both. Docsity.com Forced Labor - Federal Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor - 18 USC § 1592 • Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport, immigration document, or other government identification document – In the course of violation of or with intent to violate 1589, 1590, 1591, 1594(a); or – To prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person when that person is or has been a victim of a “severe form of trafficking in persons.” • Whoever obstructs, attempts to obstruct, or in any way interferes with or prevents enforcement of this section • Penalty: fine, imprisoned not more than 5 years, or both Docsity.com Forced Labor – Federal Additional Provisions • Restitution of victim’s losses §1593 • Attempts and conspiracies to violate above provisions punishable in same manner as a completed violation §1594 (a), (b) • Forfeiture of property used or intended to be used to facilitate commission of crime or constituting or derived from proceeds §1594 (d), (e) • Violations of this chapter considered organized criminal activity for purposes of witness protection under 18 USC 224 - §1594(f) • Civil Remedies available to victims for damages and attorney’s fees §1595 Docsity.com Sex Trafficking – Maryland Human Trafficking CR §11-303 A person may not knowingly • Take to any place for prostitution • Place or harbor another in a place for prostitution • Persuade, induce, entice, or encourage another to be taken in place for prostitution • Receive consideration to procure a person for a house of prostitution • Engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if he/she did not take part in a sexually explicit performance, would suffer physical restraint or serious harm • Destroy, confiscate immigration or government ID while attempting above • Aggravating Factors: – Victim a minor – Knowingly detain a person with intent to use force, threat, coercion, or fraud to compel the other to marry them or a third party or perform a sexual act, sexual contact, or vaginal intercourse Docsity.com Sex Trafficking – Maryland Human Trafficking CR §11-303 • Penalty – No aggravating factors: misdemeanor; imprisonment not exceeding 10 years or $5000 fine or both – Minor or force, threat, etc.: felony; imprisonment not exceeding 25 years or $15000 fine or both • Misdemeanor human trafficking – no statute of limitations CJP §5- 106 • Wiretap Law: Human Trafficking will be an enumerated crime giving rise to single party consent wire as of October 1, 2011 Docsity.com Sex Trafficking – Federal Sex trafficking of children or by force, fraud, coercion – 18 U.S.C. § 1591 • Whoever knowingly: – Recruits, entices, harbors, transports, provides, etc. by any means a person; or – Benefits financially from participation in a venture that engaged in such behavior • Knowing, or in reckless disregard of fact that: – Means of force, threats, fraud, coercion will be used to cause person to engage in commercial sex act; or – Person < 18 years old and will be caused to engage in commercial sex act • If person had reasonable opportunity to observe that person recruited, etc. was <18, need not prove knowledge or force/fraud/coercion Docsity.com Sex Trafficking – Key Differences Maryland • Includes basic (no force, no minor) trafficking • Penalty: Up to 25 yrs • No restitution, forfeiture, civil action • Broader array of sex crimes prohibited generally – see below Federal • No basic sex trafficking crime, only minor or force/threat/coercion • Penalty: Up to life • Restitution, forfeiture, civil action • Mandatory minimum • No movement required – nexus to interstate commerce, i.e. hotel room, computer, rental car Docsity.com Definitions • Pandering: arranging sexual partners for others • Assignation: making an appointment or engagement for prostitution, or any act in furtherance of the appointment • Prostitution: performance of a sexual act, sexual contact, or vaginal intercourse for hire • Solicit: urging, advising, inducing, encouraging, requesting or commanding another Docsity.com Sexual Solicitation of a Minor CR § 3-324 • “Solicit” – command, authorize, urge, entice, request, or advise a person by any means, including: in person, through agent, telephone, print, mail, computer, electronic means • May not, with intent to commit: – Rape 2nd Degree – Sex Offense 2nd Degree – Sex Offense 3rd Degree – Receive Earnings of Prostitute – Abduction of Child < 16 – House of Prostitution • Knowingly solicit a minor, or law enforcement posing as a minor, to engage in activities that would be unlawful to engage in under the above listed crimes • Maryland has jurisdiction if the solicitation was originated OR received in the state • Penalty: felony, imprisonment up to 10 years, fine up to $25K Docsity.com House of Prostitution § 11-306 • May not knowingly: – Engage in prostitution or assignation by any means – Keep, set up, occupy, maintain, or operate a building, structure, or conveyance for prostitution or assignation – Allow a building, structure, or conveyance owned or under person’s control to be used for prostitution or assignation – Allow or agree to allow a person into a building, structure, or conveyance for prostitution or assignation; or – Procure or offer to procure or solicit for prostitution or assignation • Penalty: Misdemeanor; imprisonment up to 1 year, fine up to $500 or both Docsity.com Challenges in Prosecution • Victim rapport / cooperation • Victim sympathy • Evidence gathering: – Cell phones, computers, hotel records, trash rips, clothing, photographs – corroborate victim testimony Docsity.com Evidence Authentication Online Evidence • Evidence authentication – Internet forums, craigslist, social networking commonly used – Such evidence can be difficult to authenticate. – Information on social networking sites requires more for authentication than the website containing a photo and personal information about the defendant. Griffin v. State, 2011 WL 1586683 (Md.). Can authenticate by: • Testimony of a witness with knowledge (cooperative victim witness) • Search the computer of alleged creator for history and hard drive to determine whether it was the point of origin for the posting / message • Obtain info directly from social networking site, linking profile and posting to alleged creator of profile or poster of message Docsity.com