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Sex Trafficking Defense Attorney In Las Vegas, NV
The Nevada legislature deemed sex trafficking a crime in 2013, which thus increased pandering penalties if aggravating factors such as force or threats were involved. Consequently, researchers now consider the State of Nevada a mecca for sex trafficking. Pimps and sex traffickers are arrested more frequently throughout the entire state by additional prosecutors and law enforcement officers who have been devoting their attention to this issue. Since 1997, the Las Vegas Metropolitan Police Department has helped 2,229 people who have been victims of sex trafficking. According to their estimates, the number of child sex trafficking victims reported increased by 41% from 2012-2013.
If you’re facing sex trafficking charges in Nevada, you must act. Being convicted of this type of sex crime can permanently alter your life due to harsh penalties and a stigma that can follow you forever. It’s critical that you speak with a skilled and aggressive Las Vegas sex trafficking defense attorney as soon as possible. At the Spartacus Law Firm, we frequently represent those charged with similar offenses and have the legal resources needed to secure the best possible outcome in your case. Contact our criminal defense lawyer today for a consultation and to learn more about how we can help.
Nevada Law For Pandering, Pimping & Sex Trafficking
According to Nevada’s definition, sex trafficking is forcing a person to engage in prostitution or agree to be married through the use of force and/or threats. These offenses were established in 2015 under pandering (C category felony), which is convincing someone to become a prostitute or continue being one. The penalty for this crime is 1-5 years imprisonment. Since the legislature passed new sex trafficking laws in 2015, pandering (NRS 200.300(1)) is now much less common; because this type of conduct is included in the new sex trafficking offenses with harsher penalties. Specifically, NRS 201.300(2) defines sex trafficking as any person who:
- For the purpose of sexual conduct or prostitution, causes a child to engage in prostitution, enter any place where prostitution is practiced or allowed within this State, be recruited, harbored, or transported
- By employing any means, this law inducts, recruits, harbors, transports, or provides a person for the purpose of sexual conduct or prostitution with the knowledge that threats, violence force intimidation fraud duress, or coercion will be used
- By any means of threats, violence, force, intimidation, fraud, duress, or coercion – or by abusing a position of confidence or authority – if you take someone somewhere in this state for the purpose of sexual conduct or prostitution where it is practiced allowed then that’s an indictable offense
- This crime occurs when someone takes or detains another person against their will, using force, violence, threats, or duress in an attempt to compel them to marry themselves or another person
if you’re facing sex trafficking charges in Nevada, it’s vital to have a Las Vegas sex trafficking defense attorney who is experienced in these types of cases. The Spartacus Law Firm has a long history of defending those accused of sex crimes in Clark County and will use that knowledge and experience in your case.
Penalties For Sex Trafficking In Las Vegas
The sentence for sex trafficking charges in Nevada varies according to the age of the victim at the time of the offense and is subject to additional fines. Below is a breakdown of the potential penalties:
- Adult (Category B Felony) – 3-10 years, and a fine of up to $10,000
- Child between 16-18 years old (Category A Felony) – Life with the possibility of parole after 5 years served, and a fine of up to $10,000
- Child between 14-16 years old (Category A Felony) – Life with the possibility of parole after 10 years served, and a fine of up to $10,000.
- Child less than 14 years old (Category A Felony) – Life with the possibility of parole after 15 years served, and a fine of up to $20,000.
If the victim of the sex trafficking is an adult, then probation might be a possibility for the offender. However, if there was any involvement of a minor in terms of physical force or violence, or if there were threats made with force, then the court could order a fine worth up to $500,000. Lastly, anyone who is convicted of sex trafficking will have to register as a sex offender according to NRS 179D.470.
Juveniles Charged With Prostitution In Las Vegas
In the Juvenile Justice System for Prostitution in Clark County, individuals aged 21 and younger who are suspected of prostitution-related activities are placed into a special division. This targeted court includes Assistant District Attorneys and Public Defenders knowledgeable about Domestic Minor Sex Trafficking (DMST) realities.
Children who are citizens or lawful permanent residents of America can be sexually exploited for prostitution, pornography, or sexual performances done in exchange for compensation such as money, food, drugs, or shelter. The DMST allows courts to keep track of the statistical data on how many young girls and boys in Las Vegas and Clark County fall victim to prostitution and sex trafficking. It also gives options for placement opportunities for these vulnerable children.
Conspiracy to Commit Sex Trafficking In Nevada
In Nevada, according to criminal code NRS 199.480, two or more individuals conspiring together to commit a crime such as murder, kidnapping, or bank robbery is legally defined as criminal conspiracy.
- Even if the intended crime never actually takes place, and
- Even if the conspirators make no overt act towards committing the crime.
If you are involved in a conspiracy to commit sex trafficking in the state of Nevada, you may be subject to a category B felony offense. This crime is punishable by 1-6 years in prison. It’s important to keep in mind that an individual can be charged with both sex trafficking and conspiracy to commit this heinous act.
Prosecution of Sex Trafficking In Nevada
Although it generally needs a court order, law enforcement may wiretap sex trafficking suspects who are following the law. However, if it’s an emergency situation, this isn’t required. If these wiretaps go to trial, they may be used as evidence. In Nevada, prosecutors are now allowed to use expert testimony about the “prostitution subculture” (NRS 201.305) in order to try and convince a jury that an accused person is guilty beyond reasonable doubt for actions that might not appear criminal by themselves.
- The study of the interaction between a prostitute and a pimp, as well as how pandering or sex trafficking influences that relationship; and
- The normal behavior and language used in the prostitution subculture
Frequently Asked Questions
What Is Human Trafficking?
Every year, human trafficking generates $32 billion and entraps approximately 2.5 million people at any given moment. Examples of human trafficking include:
- Sex Trafficking – Both men and women may be forced into sex work, which includes pornography and prostitution. Street prostitution is sex trafficking that happens in public, but it can also occur in private locations. Children are frequent prey for sex traffickers, with the average age of a first-time victim being between 11 and 14.
- Forced Labor – Slavery, or involuntary servitude, is the most widespread form of human trafficking globally. Those affected may be required to work in agriculture, as domestic servants, in factories, on construction sites, perform sexual services and/or dance at strip clubs – among other professions.
- Debt Bondage – Debt bondage, more commonly known as human trafficking, is when an individual is forced to work against their will for little to no pay. This can be in the form of sexual exploitation, domestic servitude, or forced labor in industries such as agriculture, fishing, manufacturing, etc.
How Is Guilt Proven In Sex Trafficking Cases?
Proving a sex trafficking charge requires extensive evidence, however, there are specific elements that must be true to secure a conviction. Our Las Vegas sex trafficking attorney will focus on these elements and prepare a custom defense to refute these allegations. A person is guilty of sex trafficking in Nevada if the person:
- Induces, causes, recruits, harbors, transports, provides, obtains, or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged, or allowed for the purpose of sexual conduct or prostitution;
- Induces, recruits, harbors, transports, provides, obtains, or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress, or coercion will be used to cause the person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;
- By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;
- Takes or detains a person with the intent to compel the person by force, violence, threats, or duress to marry him or her or any other person; or
- Receives anything of value with the specific intent of facilitating a violation of this paragraph.
What Are The Defenses To Sex Trafficking Charges In Nevada?
There is no one-size-fits-all answer when it comes to developing a defense strategy against sex trafficking charges in Nevada, as each sex trafficking case is unique and typically requires extensive police investigations. However, some common defense strategies used in these types of cases include the following:
- Lack of knowledge – If defendants are unaware that the victim was forced into prostitution through violence or threats, they cannot be held criminally liable under NRS 201.300. For example, a driver who is paid to transport a victim but knows nothing of her being forced into prostitution at the destination has committed no crime. However, if the driver is compensated for taking the victim to a brothel, he could reasonably deduce that she will work as a prostitute and can be held accountable legally.
- Illegal search or seizure – If the police conducting an investigation make illegal searches and seizures, the defense attorney can file a motion to suppress. This asks the court to disregard any evidence seized as it was done so unlawfully. If approved by the court, charges may be dropped for lack of proof against the accused.
Can Human Trafficking Charges Be Sealed?
A conviction for trafficking an adult can be sealed five years after the case is closed. But if the victim is a child (in violation of NRS 200.4685), a conviction may never be sealed. It’s important to know that dismissed charges of human trafficking may be sealed immediately because there was no conviction. You can learn more about sealing criminal records here.
Can I Be Deported For Sex Trafficking Charges In Nevada?
Crimes NRS 200.267 and NRS 200.268 result in automatic deportation, so if you are accused of either of these offenses as an immigrant, it is recommended that hire a qualified attorney to attempt to get the charges dropped or switched to a non-deportable charge.
Contact Our Las Vegas Sex Trafficking Defense Attorney
If you’re facing sex trafficking charges in Nevada, do not wait. Contact our Las Vegas sex trafficking defense lawyer right away for a free initial consultation. We will help guide you through the bail process and also work towards negotiation and litigating the most favorable outcome possible for your case. Call our office today to speak with our criminal defense team and learn more about how we can help you.