Human Trafficking Crimes

The law imposes harsh penalties for human trafficking crimes. Human trafficking victims might be trafficked within the United States or smuggled across international borders.

Many victims of human trafficking are induced with false promises of financial security but are then coerced into forced labor, commercial sex, or domestic servitude.

Even with no forced fraud or coercion, any child under 18 years of age is a human trafficking victim if they were induced to perform a commercial sex act.

Under § 787.06(2)(d), Fla. Stat., the State of Florida defines the term “human trafficking” to mean transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.

The most serious forms of exploitation under the human trafficking statute in Florida include either:

• sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

• labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

The statute classifies the offenses of human trafficking depending on whether the victim is a child under 18 years old, an adult who is believed to be a child under 18 years old, or an adult.

For human trafficking offenses against adult victims, the statute requires the element of “coercion.”

Because this statute is so broad, many people involved in prostitution can be charged under the statute. The human trafficking laws in Florida are particularly harsh when compared with other states.

In some cases, the victim of human trafficking might have special rights to expunge the record for crimes committed while being victimized.

Attorney for Human Trafficking Crimes in Florida

Criminal charges for human trafficking are severe under Florida law.

Contact a criminal defense attorney at the Sammis Law Firm to discuss any charges related to soliciting a prostitute or engaging in any form of human trafficking in Tampa, Hillsborough County, or the surrounding areas in Florida.

Visit our main office in downtown Tampa, FL, in Hillsborough County.

Our second office is located in New Port Richey across from the courthouse at the West Pasco Judicial Center.

We have a third office in Clearwater near the Pinellas County Criminal Justice Center (CJC) courthouse.

Our attorneys represent clients charged with a wide range of prostitution-related charges, including offering to commit prostitution, soliciting for prostitution, maintaining a place of prostitution, coercing another for a commercial sex act by human trafficking, deriving support from proceeds of prostitution, and transporting for prostitution.

Our attorneys represent clients charged with prostitution-related charges throughout Hillsborough County, Pinellas County, Pasco County, Hernando County, and Polk County, FL.

Call (813) 250-0500.

Elements of Human Trafficking Crimes in Florida

The crime of human trafficking is charged under Florida Statute § 787.06(3).

To prove the crime of Human Trafficking, the prosecutor with the State Attorney’s Office must prove the following two elements beyond a reasonable doubt:

1. Defendant knowingly, or in reckless disregard of the facts, engaged in, attempted to engage in, or benefited financially by receiving something of value from participation in a venture that subjected a person to human trafficking.
2. Human trafficking involved one of the following:
   • § 787.06(3)(a)1, Fla. Stat. – the labor or services of a child;
   • § 787.06(3)(a)2, Fla. Stat. – involved the defendant’s use of coercion for the labor or services of an adult;
   • § 787.06(3)(b), Fla. Stat. – involved the defendant’s use of coercion for commercial sexual activity of an adult;
   • § 787.06(3)(c)1, Fla. Stat. – was for the labor or services of a child who was an unauthorized alien;
   • § 787.06(3)(c)2, Fla. Stat. – involved the defendant’s use of coercion for the labor or services of an adult who was an unauthorized alien;
   • § 787.06(3)(d), Fla. Stat. – involved the defendant’s use of coercion for commercial sexual activity of an adult who was an unauthorized alien;
   • § 787.06(3)(e)1, Fla. Stat. – was for the labor or services of a child by the transfer or transport of the child from outside Florida to within this state;
   • § 787.06(3)(e)2, Fla. Stat. – involved the defendant’s use of coercion for the labor or services of an adult by the transfer or transport of the adult from outside Florida to within this state;
   • § 787.06(3)(f)1, Fla. Stat. – was for commercial sexual activity of a child by the transfer or transport of the child from outside Florida to within this state;
   • § 787.06(3)(f)2, Fla. Stat. – involved the defendant’s use of coercion for commercial sexual activity of an adult by the transfer or transport of the adult from outside Florida to within this state; and
   • § 787.06(3)(g), Fla. Stat. – was for commercial sexual activity in which a child or person who is mentally defective or mentally incapacitated was involved.

The crime can be reclassification, as explained in § 787.06(8), Fla. Stat.

If the case proceeds to trial, before the court can impose the reclassification, the jury must find that the prosecutor for the State of Florida proved beyond a reasonable doubt that during the commission of the Human Trafficking, the defendant caused great bodily harm or permanent disability or permanent disfigurement to the victim or another person.

Penalties for Human Trafficking Crimes in Florida

Under Florida Statute Section 787.06, any person who knowingly, or in reckless disregard of the facts, engages in human trafficking or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking commits the crime of human trafficking.

The offense of human trafficking charged under Florida Statute Section 787.06(3), is punishable as a first-degree felony.  A first-degree felony is punishable by a state prison term not exceeding 30 years, a fine not exceeding $10,000, or both.

If, however, the person being sex trafficked is a child under the age of 18, mentally defective, or mentally incapacitated, then such an offense is punishable as a life felony as provided in Section 787.06(3)(a)-(g), F.S.

A life felony is punishable by a state prison term for life, by a term of imprisonment not exceeding 40 years, a fine not exceeding $15,000, or both. Sections 775.082 and 775.083, F.S.

A conviction under § 787.06(3)(f)1, Florida Statutes, for human trafficking via commercial sexual activity of a child by transport or transfer into Florida is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life.

Under § 787.06(3)(g), Florida Statutes, human trafficking via commercial sexual activity where a child was involved but without a finding that the child was transported from outside Florida is a life felony.

Under § 787.06(9), Fla. Stat., the defendant’s ignorance of the victim’s age is not a defense to the crime charged. It is also not a defense to the crime of human trafficking that the victim misrepresented his other age or that the defendant had a bona fide belief of the victim’s age.

Furthermore, under § 787.06(10), Fla. Stat., the victim’s lack of chastity or the willingness or consent of the victim is not a defense if he or she was under 18 years of age at the time of the offense.

Definitions in Florida’s Human Trafficking Statute

Under § 787.06(2)(a), Fla. Stat., the term “coercion” means:

1. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or another immigration document, or any other actual or purported government identification document, of any person;
5. Causing or threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Florida Statute 893.03 to any person for the purpose of the exploitation of that person.

Under § 787.06(2)(b), Fla. Stat., the term “commercial sexual activity” means:

• a crime named in Chapter 796;
• an attempt to commit any crime named in chapter 796 crime;
• sexually explicit performances; or
• the production of pornography.

The phrase “sexually explicit performance” means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy sexual desires or appeal to the prurient interest.

Human Trafficking Victim Expunction Statute

Florida law also allows the victims of human trafficking to expunge any criminal record for offenses committed while the person was a victim of human trafficking.

To qualify for expunction under the Human Trafficking Victim Expunction Statute, section 943.0583(3), the offense must have been committed as a part of the human trafficking scheme of which the person was a victim or at the direction of an operator of the scheme.

Under section 943.0583(3), the victim of human trafficking is prosecuted for crimes related to prostitution.

The Florida legislature recently created a way for the victim of human trafficking to petition the court for the expunction of the criminal record.

As explained in § 943.0583(2), Fla. Stat. (2017), the statute allowing for the expunction of the record for a victim of human trafficking “does not confer any right to the expunction of a criminal history record, and any request for expunction of a criminal history record may be denied at the discretion of the court.”

Read more about undercover prostitution sting operations used by officers in Polk County.

Florida’s Definition of Sex Trafficking

According to the bill analysis prepared by the Professional Staff of the Committee on Appropriations for 2020 CS/SB 154, Florida is third in the nation for reported human trafficking cases.

In 2018, for example, 767 human trafficking cases were reported in Florida. Out of those cases, 149 were minors. Studies have shown that the average ages of trafficked youth are 11-13 years old.

The U.S. Department of Justice estimates that every two minutes, a child is trafficked for the purpose of sexual exploitation in the United States.

Under the federal Victims of Trafficking and Violence Protection Act of 2000, Public Law 106-386, s. 103, 22 U.S.C. s. 7102, the term “sex trafficking” is defined as the “recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial act.”

The phrase “severe forms of trafficking in persons” has been defined to include:

• sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
• the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Federal authorities estimate that more than the United States has more than 2.5 million victims of human trafficking.

Victims of sex trafficking are lured with false promises of financial or emotional security. Instead, the victims of sex trafficking are forced or coerced into commercial sex, domestic servitude, or other types of forced labor.

For minor children under the age of 18 that are induced to perform a commercial sex act, the law classifies them as a victim of human trafficking, regardless of whether there is forced fraud or coercion.

Throughout the United States, criminal organizations are accused of luring children from local schools into commercial sexual exploitation or trafficking.

Florida law defines human trafficking as “transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.”

For this reason, many consider human trafficking to be a form of modern-day slavery.

Victims of human trafficking include people of all ages, including young children, teenagers, and adults. The victims include citizens of the United States and those persons trafficked domestically within the borders of the United States.

Victims of sex trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor.

Crimes for Human Trafficking under Federal Law

Federal law imposes both civil and criminal penalties for human trafficking. For example, 22 U.S.C. § 7102(9) defines human trafficking as follows:

1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
2. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Under 18 USC §1595, the victim of human trafficking has ten (10) years after the incident to file a claim alleging human trafficking if they were an adult when the incident occurred.

The ten-year statute of limitations might be extended if the human trafficking occurred against a child. In those cases, the ten-year statute of limitations might not begin to run until the child reaches their 18th birthday.

List of Crimes in Florida for Human Trafficking

Related charges might include:

• Charge Description: USE OF COMPUTER SERVICES OR DEVICES TO SOLICIT CERTAIN ILLEGAL ACTS (LEWD5071), Class:F3, Charge Code:LEWD5071
• TRAVELING TO MEET MINOR AFTER USING COMP SERVICES/DEVICES TO SOLICIT CERTAIN ILLEGAL ACTS (LEWD5073), Class:F2, Charge Code:LEWD5073
• UNLAWFUL USE OF TWO WAY COMMUNICATIONS DEVICE (MISC1354), Class:F3, Charge Code:MISC1354

The list of crimes for Human Trafficking in Florida includes:

• MURD1520 782.04(1)(a)2s
  • MURDER IN THE FIRST DEGREE WHILE ENGAGED IN HUMAN TRAFFICKING
  • Felony Capital
• MURD2515 782.04(3)(o)
  • MURDER IN THE SECOND DEGREE BY PERSON OTHER THAN PERSON ENGAGED IN THE MURDER OF ANOTHER HUMAN BEING
  • Felony First Degree, Punishable by Life
• KIDN7101 Inactive 787.06(3)(a)
  • COERCE FOR LABOR OR SERVICES BY HUMAN TRAFFICKING
  • Felony First Degree
• KIDN7100 Inactive 787.06(3)(a)(b)
  • HUMAN TRAFFICKING
  • Felony Second Degree
• KIDN7110 787.06(3)(a)1
  • USE CHILD FOR LABOR OR SERVICES BY HUMAN TRAFFICKING
  • Felony First Degree
• KIDN7111 787.06(3)(a)2
  • COERCE FOR LABOR OR SERVICES BY HUMAN TRAFFICKING
  • Felony First Degree
• KIDN7102 787.06(3)(b)
  • COERCE FOR COMMERCIAL SEX ACT BY HUMAN TRAFFICKING
  • Felony First Degree
• KIDN7103 Inactive 787.06(3)(c)
  • COERCE FOR LABOR/SERVICES BY HUMAN TRAFFICKING OF UNAUTH ALIEN
  • Felony First Degree
• KIDN7112 787.06(3)(c)1
  • USE UNAUTHORIZED ALIEN CHILD FOR LABOR/SERVICES BY HUMAN TRAFFICKING
  • Felony First Degree
• KIDN7113 787.06(3)(c)2
  • COERCE FOR LABOR/SERVICES BY HUMAN TRAFFICKING OF UNAUTHORIZED ALIEN
  • Felony First Degree
• KIDN7104 787.06(3)(d)
  • COERCE FOR COMMERCIAL SEX ACT BY HUMAN TRAFFICKING UNAUTHORIZED ALIEN
  • Felony First Degree
• KIDN7105 Inactive 787.06(3)(e)
  • COERCE FOR LABOR/SERVICES BY HUMAN TRAFFICKING (TRANS TO STATE)
  • Felony First Degree
• KIDN7114 787.06(3)(e)1
  • USE OF CHILD FOR LABOR OR SERVICES BY HUMAN TRAFFICKING (TRANSPORT TO STATE)
  • Felony First Degree
• KIDN7115 787.06(3)(e)2
  • COERCE FOR LABOR OR SERVICES BY HUMAN TRAFFICKING (TRANSPORT TO STATE)
  • Felony First Degree
• KIDN7106 Inactive 787.06(3)(f)
  • COERCE FOR COMMERCIAL SEX ACT BY HUMAN TRAFFICKING (TRANS TO STATE)
  • Felony First Degree
• KIDN7116 787.06(3)(f)1
  • USE OF CHILD FOR COMMERCIAL SEXUAL ACTIVITY BY HUMAN TRAFFICKING (TRANSPORT TO STATE)
  • Felony First Degree
• KIDN7125 787.06(3)(f)1/775.0862(3)(c)
  • USE OF CHILD FOR COMMERCIAL SEXUAL ACTIVITY BY HUMAN TRAFFICKING (TRANSPORT TO STATE)(AUTHORITY FIGURE OVER STUDENT)
  • Felony Life
• KIDN7117 787.06(3)(f)2
  • COERCE FOR COMMERCIAL SEX ACT BY HUMAN TRAFFICKING (TRANS TO STATE)
  • Felony First Degree
• KIDN7107 Inactive 787.06(3)(g)
  • HUMAN TRAFFICKING FOR COMMERCIAL SEXUAL ACTIVITY (VIC <18)
  • Felony First Degree, Punishable by Life
• KIDN7118 787.06(3)(g)
  • HUMAN TRAFFICKING FOR COMMERCIAL SEXUAL ACTIVITY (VICTIM LESS THAN 18)
  • Felony Life
• KIDN7119 787.06(3)(g)
  • HUMAN TRAFFICKING FOR COMMERCIAL SEX ACT (VICTIM MENTALLY DEFECT OR INCAPACITATED)
  • Felony Life
• KIDN7108 Inactive 787.06(3)(h)
  • HUMAN TRAFFICKING FOR COMMERCIAL SEXUAL ACTIVITY (VIC <15)
  • Felony Life
• KIDN7109 Inactive 787.06(4)
  • SELL OR TRANSFER CUSTODY OF MINOR FOR HUMAN TRAFFICKING
  • Felony First Degree
• KIDN7120 787.06(4)(a)
  • SELL OR TRANSFER CUSTODY OF MINOR FOR HUMAN TRAFFICKING
  • Felony Life
• KIDN7121 787.06(4)(b)
  • BRANDING VICTIM OF HUMAN TRAFFICKING
  • Felony First Degree

Additional Resources

What is Human Trafficking? – Visit the website of the Attorney General with the Florida Office of the Attorney General to find out more about the definition of human trafficking under federal law and Florida law. The website also provides information about the signs of human trafficking for purposes of labor or prostitution.

Florida Coalition Against Human Trafficking – The term “human trafficking” involves the exploitation and commercial exchange of people for purposes of debt bondage, servitude, involuntary labor, prostitution, and pornography. The FCAHT website explains why the State of Florida has been identified as a hub for human trafficking activity. As a non-profit organization created in 2004, the Florida Coalition Against Human Trafficking is an International and Domestic Anti-Trafficking Agency.

2020 Florida’s Human Trafficking Summit – The Florida Attorney General’s new website, HumanTraffickingSummit.com, provides information about the 2020 Florida Human Trafficking Summit. The one-day summit will bring together more than 1,000 registrants to participate in workshops and training opportunities covering ways to eradicate all forms of human trafficking. Registration for the event opens on June 1, 2018. The summit will provide updates about efforts to provide a safe haven for victims of human trafficking. According to the new website, human trafficking is modern-day slavery that exploits an estimated 20 million people worldwide, including innocent children, women, and men. Florida ranks third in the nation in the number of calls to the National Human Trafficking Hotline. Find information on prosecutions by Statewide Prosecutors on Florida’s new branding statute.

This article was last updated on Tuesday, April 25, 2023.