Phoenix Human Trafficking Lawyer

What is Human Trafficking?

Trata de personas is a serious crime that involves unlawfully obtaining labor or services through force, fraud, or coercion. It often includes acts like labor trafficking, sex trafficking, or child prostitution, where a person knowingly traffics another individual for financial gain or personal benefit.

Under Arizona law, human trafficking involves exploiting a person’s vulnerability, and it can include acts like abusing government documents or causing serious physical injury to force compliance. Human trafficking charges can even apply to actions such as threatening to physically restrain someone or using extortion to control them

The legal definition of human trafficking covers a wide range of criminal activities, and anyone found guilty may face felony charges and enhanced penalties, depending on the specifics of the crime.

Arizona Human Trafficking Laws

Arizona has strict laws to combat human trafficking crimes. These laws aim to protect victims and punish those accused of engaging in forced labor or sex trafficking activities.

Below, we break down key statutes and provisions that define Arizona human trafficking crimes and their consequences.

ARS 13-1306 – Unlawfully Obtaining Labor or Services

De acuerdo a ARS 13-1306, it is illegal for a person to knowingly obtain the labor or services of another person by either:

• Causing or threatening to cause bodily injury to that person or another person;
• Restraining or threatening to restrain that person or another person without lawful authority and against that person’s will; or
• Withholding that person’s governmental records, identifying information, or other personal property.

A violation of this statute is considered a Delito grave de clase 4 en Arizona.

ARS 13-1307 – Sex Trafficking

Debajo ARS 13-1307, it is illegal for a person to knowingly traffic another person who is eighteen years of age or older with either of the following:

• The intent to cause the other person to engage in any prostitution or sexually explicit performance by deception, force, or coercion; or
• The knowledge that the other person will engage in any prostitution or sexually explicit performance by deception, coercion, or force.

A person who violates this statute is guilty of a Delito grave de clase 2 en Arizona.

ARS 13-1308 – Trafficking Forced Labor or Services

De acuerdo a ARS 13-1308, It is unlawful for a person to either:

• Knowingly traffic another person with the intent to or knowledge that the other person will be subject to forced labor or services; or
• Knowingly benefit, financially or by receiving anything of value, from participation in a human trafficking act.

In this statute, “forced labor or services” means labor or services that are performed or provided by another person and that are obtained through a person’s either:

• Causing or threatening to cause serious physical injury to any person;
• Restraining or threatening to physically restrain another person;
• Knowingly destroying, concealing, removing, confiscating, possessing, or withholding another person’s actual or purported passport or other immigration document, government-issued identification document, government record, or personal property;
• Abusing or threatening to abuse the law or the legal system;
• Extortion;
• Causing or threatening to cause financial harm to any person; or
• Facilitating or controlling another person’s access to a controlled substance.

A violation of this statute is considered a Class 2 felony in Arizona. The only legal exception includes ordinary household chores and reasonable disciplinary measures between a parent or legal guardian and the parent’s or legal guardian’s child.

Arizona Proposition 313: Tougher Sentencing for Child Sex Trafficking Offenses

Under Arizona’s current legal framework, child sex trafficking is classified as either a Class 2 felony or a Class 5 felony, depending on the specifics of the crime. The severity of the charges is influenced by factors such as the age of the victim, the nature of the offense, and the defendant’s prior criminal history, particularly past convictions for child sex trafficking or other serious felonies.

For those convicted of a Class 2 felony in child sex trafficking cases, sentencing guidelines currently allow for a minimum prison term of seven years, with the potential for a life sentence without the possibility of release in the most severe cases. However, sentencing can vary, meaning that some offenders may eventually become eligible for parole or other forms of release.

If passed, Proposition 313 would impose mandatory life sentences for anyone convicted of a Class 2 felony related to child sex trafficking. This means:

• No early release: Offenders sentenced under this law would be ineligible for parole, probation, or any other form of sentence reduction.
• Automatic life imprisonment: A conviction for any Class 2 felony involving child sex trafficking would result in a mandatory sentence of life in prison without the possibility of release—removing judicial discretion on sentencing leniency.