Human sex trafficking is an extremely serious charge in New Jersey. In addition, the internet and social media have arguably made it easier than ever for human sex traffickers to find victims, share content depicting said victims, etc.
Have you been accused of human sex trafficking, particularly the type that involves the use of the internet or related digital means? You could face major criminal penalties if so.
Protect yourself and your future by coordinating with lawyers who have experience handling these types of cases. At the Lento Law Firm Criminal Defense Team, offering internet sex crimes criminal defense services throughout New Jersey, we're ready to defend your rights. Learn more about how we can help fight your human sex trafficking charges by submitting your information via our online contact form or calling our offices today at 888-535-3686.
What Constitutes Human Trafficking in New Jersey?
New Jersey law defines human sex trafficking as knowingly holding, obtaining, transporting, harboring, enticing, luring, etc., another person for the purposes of engaging in sexual activity as New Jersey law defines it by any of the following methods:
- Causing serious bodily harm to or physically restraining a human trafficking victim or any other person
- Threatening to physically restrain or cause serious bodily harm to a victim or any other person
- Engaging in any “scheme, plan, or pattern” whose purpose is to cause a victim to believe that they or another person may suffer physical restraint or serious bodily harm
- Engaging in criminal coercion
- Destroying, hiding, or otherwise concealing/removing a victim's passport or similar government-issued document meant to identify them
- Abusing or threatening to abuse the law or legal processes in general
- Engaging in fraud, deceit, or misrepresentation
- Facilitating access to controlled dangerous substances or their analogs
In addition, someone may be charged with human trafficking under New Jersey law if they:
- Receive money or anything else of value as a result of organizing, supervising, financing, or managing a scheme or course of conduct that represents a violation of the above OR
- Knowingly entice/lure/harbor/etc. Any person under the age of 18 years to engage in sexual activity as the law defines it, regardless of whether they were aware of the alleged victim's age or had reason to believe they were older than 18
These laws are nuanced and somewhat complex. Our team will review your case and answer any questions you may have about the charges.
Potential Penalties for a Human Sex Trafficking Offense in New Jersey
A violation of the above human trafficking law constitutes a crime of the first degree. The penalties someone may face if they're convicted of such a crime include:
- 20 years in prison with no possibility of parole
- 20 years to life in prison, with the possibility of parole after 20 years
- A fine of no less than $25,000
In addition to the above penalties, a defendant in a human sex trafficking case will often have to pay restitution to their victims.
Clearly, being convicted of human trafficking in New Jersey can have profound implications for someone's freedom, finances, and virtually all other aspects of their life. If you're facing human trafficking charges in the Garden State, take the matter seriously by enlisting the help of legal professionals qualified to handle such matters. That's precisely what you'll find at our Lento Law Firm Criminal Defense Team.
Related Human Sex Trafficking Offenses in NJ
Someone doesn't need to directly participate in human sex trafficking themselves to face charges. In New Jersey, the law states someone may also face charges for providing “services, resources, or assistance” to another party if they know said other party is going to use the support they provide for the purposes of committing human sex trafficking.
Per the statute, someone doesn't necessarily have to have direct knowledge that their support will be used for the purposes of human trafficking to get into legal trouble. For example, if someone provided funding to someone who was subject to restrictions on their freedom of movement or who subjected someone else to such restrictions, the law says the person providing support should be able to reasonably assume they'd be supporting a human trafficking scheme in these circumstances.
Similarly, if someone procures or attempts to procure someone for the purposes of engaging in sexual activity, whether for themselves or for someone else, they may face charges if they should be able to reasonably conclude the person they're attempting to procure sexual activity from is a victim of human trafficking.
The grading of the offense in either of these types of cases is a crime of the second degree. Although less serious than a crime of the first degree, a crime of the second degree can nevertheless involve such penalties as:
- A term of imprisonment during which a defendant will be ineligible for parole for either three years or one-third to one-half of their overall term, whichever is greater
- A minimum fine of $15,000
Additionally, if a defendant used their own business or profession in any capacity to facilitate this crime, the court will typically direct the relevant government agency to revoke any applicable professional licenses, charters, or other such authorizations associated with the defendant's license or business.
These points highlight the significance of human sex trafficking charges in New Jersey. Even someone accused of merely supporting a sex trafficking scheme can face major criminal penalties that could follow them for the rest of their life. Knowing what's on the line, coordinate with professionals sooner rather than later if you've been charged with any human sex trafficking or internet sex crime in our state.
How Human Sex Trafficking May Qualify as an Internet Sex Crime in New Jersey
There are various ways someone may use the internet to engage in or facilitate human sex trafficking. Consider the following examples:
- Using social media to identify and groom potential sex trafficking victims
- Coordinating a human sex trafficking scheme via the internet
- Sharing explicit content of human sex trafficking victims through digital means
- Posting fake advertisements online for the purposes of luring or attracting potential victims
Those are merely examples. That's not an exhaustive list of all the ways someone might use the internet for the purposes of human sex trafficking. Be aware that human sex trafficking, particularly when it involves using the internet or other digital means to facilitate it, can also overlap with other crimes.
For instance, someone engaging in online human sex trafficking may pose as someone a victim may trust (such as posing as an authority figure or trusted adult when targeting children). Depending on the specific manner in which they do so, they could also be engaging in a form of identity theft. Thus, they may face additional charges and penalties.
It's important to have representation from attorneys who understand these nuances. At the Lento Law Firm Criminal Defense Team, we'll account for all potential developments in your case when establishing and implementing a defense strategy.
Potential Defenses in a New Jersey Human Trafficking Case
There are many ways our Criminal Defense Team may approach a case when a client faces human trafficking charges. The following are a few examples of defenses we may employ in these circumstances:
- A client has an alibi: Naturally, if a client is truly innocent of the crime they're accused of, and they have an alibi accordingly, we will help them generate and present the evidence necessary to demonstrate this.
- A client was also a victim of human trafficking: New Jersey's human trafficking statute indicates that an affirmative defense in a human trafficking case involves arguing that someone who allegedly engaged in human trafficking did so while they themselves were also a victim of human trafficking. Similarly, we may be able to argue that a client engaged in behavior or acts that constitute human trafficking while they were under duress while being coerced, etc. Additionally, often, if a child under the age of 18 is charged with a human trafficking crime, the law assumes the child is a victim. The burden of proof is on the prosecution to show otherwise.
- Lack of awareness: Human trafficking operations and schemes often involve multiple parties. In some instances, individuals who participate in these schemes may be unaware of their true purpose. If a client participated in human trafficking unwittingly, this is a defense we may consider.
At the Lento Law Firm Criminal Defense Team, we believe in tailoring our services to the specific situations our clients face. The above are only samples of defense strategies we might consider. Once we have a chance to review the full details of your case, we'll plan a defense strategy based on your unique needs.
Contact the Lento Law Firm for Help With a Human Sex Trafficking Case in New Jersey
If you're facing human sex trafficking charges, we at the Lento Law Firm Criminal Defense Team are available to offer our experience and professional support. We've handled various types of internet sex crime cases as well.
In other words, we're qualified to handle a human sex trafficking case in the digital age. Regardless of the degree to which the internet or social media played a role in your case, take action now by calling us at 888-535-3686 or submitting your information online to discuss your case today.
