The offense of Human Trafficking occurs when a person knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains, or entices an individual in furtherance of forced labor or sexual servitude. Under Massachusetts criminal law, the crime of Human Trafficking may be found at Massachusetts General Laws, Chapter 265, Section 50 and Section 51.
A person commits Human Trafficking for forced labor if the person uses coercion or any type of threat to compel an individual to provide labor or services that have economic value.
A person commits Human Trafficking for sexual servitude when an individual compels another to perform any form of sexual intercourse or intimate touching for the purpose of arousal, gratification or assault. This also includes when the sexual activity is intended to satisfy the desires of others whether through photos, video or live watching. Charges can be more severe when the individual trafficked is a minor (i.e. under age 18).
Legal Elements of Human Trafficking for Sexual Servitude
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In order to be found guilty of Human Trafficking for Sexual Servitude under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant subjected, recruited, enticed, harbored, transported, provided, or obtained by any means, the alleged victim, to engage in commercial sexual activity, or a sexually-explicit performance or the production of unlawful pornography, or caused the alleged victim, to engage in commercial sexual activity, or a sexually-explicit performance or the production of unlawful pornography, or that the defendant benefited financially or by receiving anything of value as a result of said activity; and
- that the defendant did so knowingly.
Commercial Sexual Activity is any sexual activity on account of which anything of value is given, promised to, or received by any person. A sexually -explicit performance is an unlawful live or public act or show intended to arouse or satisfy the sexual desires of another or appeal to the prurient interests of others.
Legal Elements of Human Trafficking for Forced Services
In order to be found guilty of Human Trafficking for Forced Service under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant subjected, recruited, enticed, harbored, transported, provided or obtained by any means, the alleged victim, to subject the alleged victim to forced services or benefited financially or by receiving anything of value as a result of said services; and
- the defendant did so intentionally and knowingly.
Forced services are services performed or provided by a person that are obtained by another person who:
- (i) causes or threatens to cause serious harm to any person;
- (ii) physically restrains or threatens to physically restrain another person;
- (iii) abuses or threatens to abuse the law or legal process;
- (iv) knowingly destroys, conceals, removes, confiscates or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
- (v) engages in extortion; or
- (vi) causes or threatens to cause financial harm to any person.
Potential Punishment if Convicted of Human Trafficking
The potential consequences for Human Trafficking for Sexual Servitude or Forced Services, if convicted, in the Commonwealth may be found at Massachusetts General Laws, Chapter 265, Section 50 and Section 51. A defendant convicted for this offense shall be imprisoned in state prison for not less than 5 years but not more than 20 years. If the defendant commits the Human Trafficking offense and the alleged victim is a person under the age of 18, the defendant shall be punished by imprisonment in the state prison for life or for any term of years but not less than 5 years.
Call (508) 213-9113 the Massachusetts Criminal Defense Lawyers at the Law Office of John L. Calcagni III to schedule a free consultation today.
