Human Sex Trafficking Lawyer Kansas City, MO

Human Sex Trafficking Crimes in the Missouri Revised Statutes

The Missouri Revised Statutes contain several human trafficking offenses. Importantly, the state’s laws distinguish between trafficking for sex and forced labor.

Both types of trafficking carry similar prison sentences. However, those convicted of sex trafficking must register as sex offenders, while there’s no such requirement for those convicted of labor trafficking.

As such, one possible strategy for defending against sex trafficking charges is to negotiate a deal by pleading guilty to forced labor trafficking. Without the registration requirement, you can avoid the employment and housing consequences of appearing on the public sex offender registry.

Sex Trafficking

Trafficking for sexual exploitation occurs when someone commits any of the following acts to use another person in a commercial sex act, sexual conduct, or sexual performance:

• Recruiting
• Enticing
• Harboring
• Transporting
• Providing
• Advertising the availability of
• Obtaining by any means
• Benefiting from their sexual exploitation

The statute provides a non-exhaustive list of the ways someone may be “obtained” in an illegal manner, including:

• Force
• Abduction
• Coercion
• Fraud or deception
• Blackmail
• Intoxication
• Financial harm

To prove sex trafficking, prosecutors must show that at least one of the following occurred without the victim’s consent:

• Commercial sex act, meaning a sex act in which anything of value is exchanged
• Sexual conduct, meaning sexual intercourse, penetration, or contact, including masturbation, bestiality, and sadomasochistic acts
• Sexual performance, meaning live, recorded, or photographed sexual conduct or nudity

This offense is an unclassified felony.

First-Degree Child Sex Trafficking

First-degree child sex trafficking happens when someone trafficks a child under 14. The main difference between the acts constituting sex trafficking and child sex trafficking is that consent is irrelevant for the latter offense, as children cannot legally consent to sex.

Second-Degree Child Sex Trafficking

Second-degree child sex trafficking involves victims under 18. Prosecutors cite this statute in cases involving victims aged 14 through 17. They would use first-degree child sex trafficking charges for younger victims and trafficking for sexual exploitation charges for older victims.

Benefiting From or Contributing to Human Trafficking

You don’t need to directly participate in trafficking to be prosecuted. Trafficking for sexual exploitation, first-degree child sex trafficking, and second-degree child sex trafficking allow for the punishment of anyone who knowingly benefits from trafficking activities.

The statutes specifically describe the “benefits” contemplated as financial or the receipt of anything of value. For instance, prosecutors could pursue charges against a landlord who knowingly rented an apartment used for trafficking activities. Even though the landlord didn’t recruit or harbor victims, they “knowingly benefited” from the enterprise.

Missouri has an additional charge called contributing to human trafficking through the misuse of documentation. This offense occurs when someone knowingly engages in the following activities against a human trafficking victim:

• Destroying, concealing, or confiscating their passport, ID, or other documents
• Preventing or attempting to prevent travel by withholding their ID

This offense addresses a common tactic used to traffic immigrants. The trafficker provides transportation into the U.S.; once the immigrant is in the country, the trafficker refuses to return their passport or visa, essentially holding them hostage.

Potential Defenses Against Human Sex Trafficking Charges in Kansas City, MO

When you hire an attorney, they might employ any of the following criminal defense strategies in your case.

Consent

Missouri’s sex trafficking statute requires prosecutors to prove that the alleged victim was trafficked to engage in a commercial sex act or other sexual activities without their consent. If the alleged victim consented, the prosecution’s case falls apart.

This defense has two major limitations. First, children under 18 can’t consent. Consequently, this defense won’t apply to child sex trafficking charges.

Second, consent can be withdrawn by adult victims. It may also be negated by fraud, deception, intoxication, or coercion. For example, if the alleged victim claims that they were drugged, any consent they gave may be invalid.

Lack of Intent

You might argue that you lacked the intent to violate the law if you were unaware of the facts and circumstances. The statutory language requires that you knowingly engage in a trafficking act, such as recruiting, harboring, or transporting.

The law defines “knowingly” as being aware of the nature of your acts. However, you can potentially defend yourself by arguing that you were unaware of the trafficking and simply thought that you were engaging in another legal act, such as transporting a rideshare passenger.

Illegal Search

The Constitution’s Fourth Amendment requires the police to obtain a search warrant or prove that a search fell into a warrantless exception, such as the plain-view exception. If the evidence against you was recovered during an illegal search, the court can suppress it.

Coercion

A common defense against sex trafficking charges is that the defendant was coerced into trafficking others because they were a trafficking victim themselves. This situation frequently arises when traffickers ask those previously trafficked to recruit others or otherwise assist with the operation.

If you were made to play a role with force, threats, or deception that overcame your will, you may have a viable defense.

Penalties for Human Sex Trafficking Convictions in Kansas City

The potential penalties for sex trafficking in Missouri include a prison sentence ranging from five years to life. Additionally, you could receive a fine of up to $250,000 and mandatory sex offender registration.

More specifically, sex trafficking of a victim 18 or older is a Tier I offense subject to sex offender registration for up to 15 years. The following offenses are Tier III offenses subject to lifetime sex offender registration:

• Sex trafficking of a victim under 18
• First-degree child sex trafficking
• Second-degree child sex trafficking

Upon conviction, a judge can impose the following prison sentences for sex trafficking offenses: