Crime of Human Trafficking or Sex Trafficking
Human Trafficking or “Sex Trafficking”, as it is often referred, is listed in the Ohio Revised Code under the broader, more inclusive heading of Trafficking in Persons—Section 2905.32. The simple breakdown of Section 2905.32 divides it into two categories: (1) Involuntary Servitude and (2) Sexually Oriented Activity. In other words, a person may be charged under this section for Human Trafficking and/or Sex Trafficking.
Section 2905.32 provides four general actions that are prohibited. It prohibits any person from knowingly or knowingly attempting to recruit, lure, entice, isolate, harbor, transport, provide, obtain or maintain another person if that person will be subjected (or “compelled” in cases where the individual is at least eighteen years of age) to:
- involuntary servitude;
- engage in sexual activity for hire;
- engage in a performance that is obscene, sexually oriented, or nudity oriented; or
- be a model or participant in the production of material that is obscene, sexually oriented, or nudity oriented.
The first pertains exclusively to the category of involuntary servitude, and thus, Human Trafficking, but the following three concern Sex Trafficking. As with most section of the Ohio Revised Code, caveats and exceptions apply. For example, if the person recruited, lured, transported, or otherwise is less than sixteen years of age or is developmentally disabled and the offender knows or has reasonable cause to believe the person is developmentally disabled, the requirement that the person be “compelled” is not required to prove guilt. Sex Trafficking charges are often accompanied with charges of Compelling or Promoting Prostitution but it is important to know the differences between the two.
Sentences for Sex trafficking, if Convicted
Sex Trafficking is serious. Whoever violates this section is guilty of a felony of the first degree. Unlike traditional sentencing guidelines for felonies of the first degree (giving the judge discretion to impose a sentence from 3 to 11 years), a court shall sentence an offender, for violation of this section, to a definite prison term of 10 to 15 years.
It is critical to understand that many factors come into play and many nuances exist when dealing with a case involving Sex Trafficking. An individual could be convicted of Sex Trafficking for merely attempting to engage in any of the above prohibited activities. These subtle nuances are easily identified by an experienced criminal defense lawyer and could mean a dramatic difference in the outcome of your case. Any person charged with this offense should call (614) 454-5010 and speak to an attorney immediately.