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Human trafficking is a serious crime involving the exploitation of individuals for various purposes, such as forced labor, sexual exploitation, and involuntary servitude.
Notably, the state of Michigan has enacted stringent laws, including Penal Code Section 750.459, to address and prosecute human trafficking offenses.
Understanding the provisions of this code, the penalties associated with human trafficking, and the available defenses is crucial for individuals facing charges or seeking to combat this crime.
What Is Michigan Penal Code Section 750.459?
Michigan Penal Code Section 750.459 is explained in general terms below:
Transporting A Person For Prostitution
Under this law, it is illegal to knowingly transport, aid in obtaining transportation for, or cause to be transported any person into, through, or across this state with the intent to engage in prostitution. This offense is considered a felony, which is a serious crime. If you are found guilty, you could face imprisonment for up to 20 years, a fine of up to $20,000, or both.
Sale Of Travel Services For Illegal Activities
The statute also prohibits knowingly selling or offering to sell travel services that include or facilitate travel for the purpose of engaging in prostitution or human trafficking within this state.
If you violate this provision, you may be charged with a felony. If convicted, you could be sentenced to imprisonment for a maximum of 5 years, a fine of up to $10,000, or both. However, it’s important to note that this penalty may vary depending on the circumstances of the case.
Serious Consequences Involving Minors
If your violation of selling travel services for illegal activities involves conduct against a minor, the penalties become even more severe. In such cases, you may be charged with a felony and could face imprisonment for up to 10 years, a fine of up to $15,000, or both. The law recognizes the increased vulnerability and harm caused to minors in these situations and imposes stricter punishments accordingly.
Prosecution In Any Jurisdiction
It’s essential to understand that if you violate this law, you can be prosecuted, indicted, tried, and convicted in any county or city through which you transport or attempt to transport any person for illegal purposes. The law allows authorities to take action regardless of where the offense occurs, ensuring that individuals engaging in these activities cannot easily evade the consequences.
Definition Of “Travel Services”
In this statute, “travel services” refers to various aspects of travel arrangements. It includes transportation by air, sea, or ground, as well as lodging accommodations such as hotels. It also encompasses package tours or the provision of vouchers or coupons that can be redeemed for future travel or accommodations. The key factor is that these services are offered in exchange for a fee, commission, or other valuable consideration.
Defenses
Lack Of Knowledge
You can argue that you had no knowledge of the intended illegal purpose behind the transportation or sale of travel services. If you genuinely believed that the transportation or travel services you were involved in were for lawful purposes and had no awareness of the connection to prostitution or human trafficking, it may serve as a defense. It would be crucial to present evidence supporting your lack of knowledge, such as communication records or witnesses who can testify to your innocence.
Lack Of Intent
You may assert that you did not have the specific intent to induce, entice, or compel someone to become a prostitute or engage in illegal activities. Perhaps you were involved in transportation or selling travel services without knowledge of their intended use. For example, if you were simply providing transportation or travel services without any awareness of the purpose behind them, it could be argued that you lacked the required intent for the offense.
Duress Or Coercion
If you can demonstrate that you were forced or threatened into transporting a person or selling travel services for illegal activities, it may be a valid defense. If you can provide evidence or witness testimony supporting your claim of duress or coercion, it could undermine the prosecution’s case against you. However, it’s important to note that this defense may require a thorough examination of the circumstances and may not apply in all cases.
Mistaken Identity
If you believe you have been wrongly identified as the person involved in transporting or selling travel services for illegal activities, you can assert a mistaken identity defense. You would need to present evidence showing that you were not present at the scene of the offense or that someone else falsely implicated you. This defense strategy aims to cast doubt on the accuracy or credibility of the prosecution’s allegations.
Lack Of Evidence
It is the prosecution’s burden to prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support their case, your defense attorney can challenge the evidence presented and argue for the charges to be dismissed. This defense relies on highlighting weaknesses or inconsistencies in the prosecution’s evidence or raising doubts about their ability to meet the required burden of proof.
Seeking Legal Support From A Michigan Human Trafficking Lawyer
If you or someone you know has been charged with human trafficking in Michigan, it is imperative to seek the guidance and support of a skilled criminal defense attorney. The experienced lawyers at George Law, who specialize in human trafficking defense, can provide the necessary expertise and advocacy to navigate through the complex legal process and ensure the protection of your rights. Reach out to George Law today by calling (248) 247-7459 or by contacting us online