Human trafficking and sex trafficking charges are among the most aggressively prosecuted crimes in California. Human trafficking charges can trigger severe penalties, especially when minors are involved.
Both California state and federal law enforcement agencies dedicate extensive resources to investigating and prosecuting trafficking offenses.
Convictions can lead to severe outcomes, including life sentences under state law and mandatory minimum sentences ranging from 10 years to life under federal statutes.
If you or someone you know has been accused of human trafficking or sex trafficking, it’s critical to immediately speak with an an experienced defense attorney who can protect your rights, reputation and freedom.
California human trafficking laws (Penal Code 236.1)
Definition of human trafficking
Under California law, human trafficking means depriving someone of their personal liberty for exploitative purposes. This can include:
- Forced labor or services
- Pimping or pandering for prostitution
- Producing or distributing child pornography
- Causing or persuading a minor to engage in commercial sex acts
A minor under 18 cannot legally consent to commercial sex acts, meaning any involvement of minors in prostitution is considered trafficking, regardless of consent.
Proposition 35 and increased penalties
In 2012, California voters passed Proposition 35, significantly broadening trafficking laws and increasing penalties, including:
- Potential life imprisonment for sex trafficking involving minors with force, fraud, or coercion
- Mandatory lifetime sex offender registration for those convicted
- Fines up to $500,000 or even $1,000,000 in severe cases
State felony charges and penalties
Human trafficking is always charged as a felony. Penalties depend on the circumstances:
- Forced labor trafficking – 5, 8, or 12 years in prison, up to $500,000 fine
- Sexual exploitation trafficking – 8, 14, or 20 years in prison, mandatory sex offender registration, up to $500,000 fine
- Trafficking minors for sex – 5, 8, or 12 years prison; 15 years to life if force, threats, or coercion used; mandatory sex offender registration, up to $500,000 fine
Additional enhancements can significantly increase sentences, especially if violence or prior offenses are involved.
Federal human trafficking laws (18 U.S.C. § 1591)
Overview of federal trafficking laws
Federal prosecution typically occurs under the Trafficking Victims Protection Act (TVPA) and specifically 18 U.S.C. § 1591, which prohibits recruiting, harboring, transporting, or soliciting someone for commercial sex acts involving minors or using force, fraud, or coercion.
Federal penalties for trafficking
Federal penalties are severe, including:
- Mandatory minimum 15 years to life if victim under 14 or if force, fraud, or coercion used
- Minimum 10 years to life if victim aged 14–17 without force
- Fines up to $250,000, mandatory restitution, asset forfeiture, and at least 5 years supervised release after prison
- Mandatory sex offender registration
Federal prosecutors can also apply additional statutes, like the Mann Act for interstate transportation of victims, forced labor statutes, and conspiracy charges.
Prosecutorial strategies in human trafficking cases
Aggressive charging practices
Prosecutors often stack multiple related charges—such as pimping, kidnapping, or assault—to maximize penalties. Special enhancements (gang involvement, weapons, bodily injury) frequently increase potential sentences, pressuring defendants toward plea deals.
Coordination with task forces
Cases typically involve multiple law enforcement agencies, including local police, state DOJ, FBI, and Homeland Security. Task forces use undercover operations, surveillance, wiretaps, and extensive digital investigations to build comprehensive cases.
Plea bargains and sentencing
Due to the severe penalties, many defendants accept plea bargains to reduce charges and sentences. Those going to trial face highly emotional testimony and extensive digital evidence, often resulting in lengthy sentences or life imprisonment upon conviction.
Key differences between state and federal prosecution
Investigative resources and jurisdiction
- State cases – Typically involve local or statewide crimes, fewer investigative resources, but more sentencing flexibility.
- Federal cases – Usually include interstate elements, more substantial investigative resources, and strict mandatory minimum sentences.
Sentencing flexibility
California judges retain some discretion in sentencing, while federal judges must adhere to mandatory minimums and strict sentencing guidelines, typically resulting in longer imprisonment.
Effective defenses to human trafficking charges
No intent or no coercion
Proving voluntary participation or absence of coercion can negate trafficking charges. Defenses might include demonstrating consent for adults or lack of knowledge regarding a minor’s true age.
False accusations or exaggeration
Accusers may have ulterior motives or exaggerate facts. A robust defense includes exposing inconsistencies or ulterior motives behind allegations.
Challenging digital evidence and investigation methods
Law enforcement’s digital evidence must be obtained lawfully. Defense attorneys challenge improper warrants, surveillance overreach, or digital evidence taken out of context.
Credibility of witnesses
Prosecution cases often rely heavily on victim or co-defendant testimony. Defense strategies scrutinize inconsistencies, motives, or biases, challenging their credibility and reliability.
Your future depends on an experienced defense
As we mentioned above, human trafficking cases are deadly serious. Both the Federal Government and California state government have far reaching powers to aggressively investigate and punish human trafficking and sex trafficking cases.
If you have been suspected of human trafficking, it’s important to work with an attorney who specializes in federal and sex crimes cases.
An experienced attorney can thoroughly comb through the facts of your case and bring important pieces of evidence and witness testimony to light. In the case of human trafficking, this often involves investigating how authorities gathered evidence and implicated you in the incident.
Robert M. Helfend is a SuperLawyers rated attorney, renowned for his expertise in federal and sex crimes cases. Call today for your case evaluation — 800-834-6434.
Published December 22, 2019. Updated May 23, 2025.
References
- California Penal Code Section 236.1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=236.1.&lawCode=PEN
- Trafficking Victims Protection Act (TVPA) of 2000. https://www.gpo.gov/fdsys/pkg/BILLS-106hr3244enr/pdf/BILLS-106hr3244enr.pdf
- 22 U.S. Code § 7102 – Definitions. https://uscode.house.gov/view.xhtml?path=/prelim@title22/chapter78&edition=prelim