Sex trafficking has long been a crime in Maryland. Essentially, sex trafficking is the crime of forcing, enticing, or moving a person for the purpose of prostitution, assignations, or live performances of sexual acts for money. In recent years, the concept of sex trafficking has broadened to include the idea of “human trafficking.” But, at heart, the crime still involves sexual conduct and behavior.

The basic criminal statute is Md. Crim. Code, §3-1102, which, in short, states that a person may not “knowingly take or cause another to be taken to any place for prostitution.” “Prostitution” is defined as “the performance of a sexual act, sexual contact, or vaginal intercourse for hire.” Md. Crim. Code, § 11-301(c). From this, we can see that the criminal elements that must be proven by the prosecuting attorneys are:

• Intent or knowledge
• Trafficking — that is, the taking of a person from one place to another
• Of a person
• For purposes of prostitution (which is sexual acts for hire)

Sex and human trafficking in Maryland are crimes that carry substantial punishments. A person convicted of sex/human trafficking of an adult is subject to imprisonment for up to 10 years or a fine of up to $5,000 or both. A person convicted of sex/human trafficking of a minor — a person under the age of 18 — is subject to imprisonment for up to 25 years or a fine of up to $15,000 or both. Finally, a person convicted of sex/human trafficking through the use of or intent to use force, threat, coercion, or fraud is subject to imprisonment for up to 25 years or a fine of up to $15,000 or both.

Various potential criminal defenses to the charges might involve showing a lack of evidence concerning the elements above, alibi, mistaken identification, procedural violations, constitutional violations, and possibly more, depending on the facts of the case. If you have been arrested or charged, call the Maryland criminal defense attorneys at the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are available around the clock, 24/7. We have offices in Waldorf, Maryland.

Section 3-1102 also defines criminalizes other behavior, including:

• Placing, causing to be placed, or harboring another in any place for prostitution
• Persuading, inducing, enticing, or encouraging another to be taken to or placed in any place for prostitution
• Receiving money to procure another person with the intent of causing the other to engage in prostitution
• Engaging in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other person or some third person (like a friend or family member) would suffer physical restraint or serious physical harm
• Destroying, concealing, removing, confiscating, or possessing an actual or purported passport, immigration document, or government identification document of another person while otherwise doing any of the above.

In addition to a person charged with sex trafficking, various others can be charged under Section 3-1102 and receive the same potential punishments. Those persons are anyone receiving financial benefit or anything of value from the sex trafficking and anyone who knowingly aids, abets, or conspires with the person engaged in sex trafficking.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.