Penal Code 236.1 concerns how human trafficking charges are handled by the court system here in California. California prosecutes several “kinds” of human trafficking. These charges are treated as felonies, and convictions for these charges may result in years of incarceration.
Get additional information about human trafficking accusations by contacting the Simmrin Law Group at (310) 896-2723.
Defining Human Trafficking in California
There are three main “types” of human trafficking recognized in the state of California. These crimes are all handled under different sections of PC 236.1.
Penal Code 236.1(a): Forced Labor or Services
Individuals face charges under PC 236.1(a) if they:
- Deprived someone else of personal liberty, or
- Violated someone’s personal liberty, and
- Did so with the intention of taking their forced service or labor
Taking someone’s personal liberty may involve threatening them, coercing them, or using force against them. Making threats is enough to qualify as depriving someone of their personal liberty in California. You should also know that individuals may receive pay for forced labor or service. Forced labor is not the same as slave (or unpaid) labor.
Penal Code 236.1(b): Human Trafficking for the Purposes of Pimping, Child Pornography, or Extortion
PC 236.1(b) charges apply to someone who deprived another person of their liberty. However, the end goals are not the same with a PC 236.1(b) charge. PC 236.1(b) charges only apply if someone is deprived of liberty in order to carry out specific crimes, including:
- Enticing a minor under the age of 18 to engage in prostitution
- Pimping
- Transporting or distributing child pornography
- Extortion or blackmail
It’s important to know that these are only examples of offenses tied to PC 236.1(b) charges. There are other offenses that may lead to this charge in California. A criminal defense lawyer in Los Angeles can review additional PC 236.1(b) offenses with you.
Penal Code 236.1(c): Causing a Minor to Engage in Commercial Sex
PC 236.1(c) deals with individuals who attempt to traffic a minor in a specific way. This legal code deals with forcing minors to take part in commercial sex acts, such as prostitution or pornography.
Individuals may face PC 236.1(c) charges even if they believed they were dealing with someone over the age of 18. Honest mistakes about an individual’s age do not prevent PC 236.1(c) charges in California.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
Results of a Human Trafficking Conviction in California
There are multiple penalties used for human trafficking charges in California. The various parts of this legal code are handled differently in court.
PC 236.1(a) Penalties
- Fines of up to $500,000
- Prison time of up to 12 years
PC 236.1(b) Penalties
- Fines of up to $500,000
- Prison time of up to 20 years
PC 236.1(c) Penalties
- Fines of up to $500,000
- Prison time of up to 12 years
Additional Penalties
Harsher penalties are sometimes used in human trafficking cases. Individuals may face up to 10 years of additional time in prison. This extra time may get added if an individual causes someone else “great bodily injury.”
The court may also increase prison time for individuals with past human trafficking violations. In this case, individuals could face up to five additional years in prison. In some cases, the court may also increase the fines associated with human trafficking. Some convictions lead to fines of up to one million dollars.
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Legal Defenses for Human Trafficking in California
There are some legal defenses used in human trafficking cases in California. A criminal defense lawyer in Los Angeles can review defenses with you if you are accused of a PC 236.1 violation. For example, your lawyer may argue that:
- You did not take away a person’s liberty
- You made a mistake involving the facts of the situation
Speaking with a lawyer may be in your best interests if you’re dealing with a human trafficking accusation.
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Find Out More About Human Trafficking Charges
The Simmrin Law Group understands human trafficking charges in California and can provide you with information about these charges. Contact us by calling (310) 896-2723 for a free consultation. You can also complete our online contact form.
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