Human Trafficking Crimes

1. Human Trafficking Crimes Maryland and Federal Distinctions

2. 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 Relevant Statutes

3. Forced Labor - Maryland • Md. Code. Criminal Law 3-701 Extortion • A person may not obtain, attempt to obtain, or conspire to obtain, money, property, labor or services, or anything of value from another with consent of another if consent is induced by wrongful use of actual or threatened • Force or violence • Economic injury; or • Destruction, concealment, removal, confiscation, or possession of immigration or government ID document with intent to harm immigration status • Penalty – if value • $500 or more, felony extortion: up to $5000 fine, 10 years, or both • < $500, misdemeanor extortion: up to $500 fine, 18 mos., or both • Statute of Limitations – 5 years for felony • Notes: “labor or services” a recent legislative change; Extortion is an enumerated crime for single party consent wiretap

4. Federal – Forced Labor 18 USC 1589 Whoever knowingly provides labor or services by a person by: Force, threats, physical restraint Serious harm or threats to that person or another Abuse or threatened abuse of law or legal process; or By means of scheme, plan, pattern intended to cause belief that a person or another would suffer serious harm or physical restraint Whoever knowingly benefits from participation in a venture engaged in providing or obtaining labor or services, knowing or in reckless disregard of the fact that venture engaged in labor or services by such means Penalty: Fined Imprisoned not more than 20 years If death results, or violation includes kidnapping, attempt kidnapping, aggravated sex abuse, or attempt to kill, Fined, imprisoned up to life. Forced Labor - Federal

5. 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.

6. 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

7. Forced Labor – FederalAdditional 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

8. Forced Labor – Key Differences • Maryland: • Lesser penalties, based on value of labor • No separate crime for “knowing or reckless disregard” in benefitting from forced labor • But see Receiving earnings of prostitute 11-304 • Statute of limitations • Destruction, confiscation, etc. of immigration documents more narrow than Federal “abuse of law or legal process” • No forfeiture, restitution, civil damages

9. Sex Trafficking - Maryland Several Relevant Provisions • Sexual Solicitation of a Minor CR § 3-324 • Human Trafficking CR § 11-303 • Prostitution CR §11-306 • Prostitution Business CR § 11-304 • Abduction of Child under 16 CR § 11-305 • House of Prostitution CR § 11-306

10. 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 Sex Trafficking – MarylandHuman Trafficking CR §11-303

11. 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 Sex Trafficking – MarylandHuman Trafficking CR §11-303

12. 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

13. Sex Trafficking – FederalPenalties • If used force, threats, coercion; or victim < 14 years old: fine and imprisonment for a term between 15 years and life • If victim between 14 and 18 years old: fine and imprisonment for a term between 10 years and life. • Obstructing or interfering with enforcement – fine, imprisonment not to exceed 20 years, or both

14. Sex Trafficking – Federal Additional Provisions • Restitution of victim’s losses. §1593 • Attempts to violate §1591 punishable in same manner as a completed violation. §1594 (a) • 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

15. 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 Sex Trafficking – Key Differences

16. 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

17. Sexual Solicitation of a MinorCR § 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

18. Receiving Earnings of a ProstituteCR § 11-304 • Receive or acquire money or proceeds from earnings of a prostitute with intent to: • Promote a prostitution crime • Profit from a prostitution crime; or • Conceal or disguise nature, location, source, ownership, or control of proceeds of a prostitution crime • Penalty: misdemeanor; imprisonment up to 10 years, $10,000 fine or both • Although misdemeanor, no statute of limitations CJP §5-106(b)

19. Abduction of Child Under 16CR § 11-305 • For purposes of prostitution or committing a rape or sexual offense, may not: • Persuade, entice an individual under age 16 from individual’s home or from custody of parent or guardian; or • Knowingly secrete, harbor an individual under age 16 who has been persuaded or enticed from the home or custody • Penalty: misdemeanor; up to 10 years, $5000 fine or both • No statute of limitations CJP §5-106(b)

20. 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

21. Challenges in Prosecution • Victim rapport / cooperation • Victim sympathy • Evidence gathering: • Cell phones, computers, hotel records, trash rips, clothing, photographs – corroborate victim testimony

22. Evidence AuthenticationOnline 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

23. Wiretaps • Relevant crimes in which 1-party consent wiretaps permissible: • Kidnapping • Child abuse • Child pornography • Extortion (Forced Labor) • Sexual solicitation of a minor • Sexual abuse of a minor • Human trafficking (effective October 2011)