Business Law 101 / HUMAN TRAFFICKING

By Albert Kelley

In the news these days we often see stories of human trafficking.  What the stories don’t often tell us is what human trafficking really is.  We know it is a bad thing, but what is it? The statute defines human trafficking as “transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploiting that person.”  As pointed out by the first sentence in Florida Statute 787.06, it is a form of modern-day slavery.

Victims of human trafficking can be children, teens or adults. They can be immigrants or citizens of this state.  It can occur internationally, interstate or intrastate. It can be for sexual exploitation or forced labor. They may work as prostitutes, but they may also be working in restaurants, janitorial services, domestic work, factory work or farm work.  You may come across them regularly and never even know it.

While some victims are kept locked up constantly, some are drugged, others are controlled by fear or threats of harm to family members.  Others are lied to, being told they will be imprisoned for entering the country illegally, have their passports confiscated and identification taken away.  What is even sadder is that some parents will sell their children to traffickers.

Any person who engages in human trafficking, attempts to engage in human trafficking or receives anything of value from a human trafficking enterprise is guilty of a crime.  In most cases, human trafficking is a first-degree felony.  The exception is when the offender traffics a person under 18 who is mentally defective or mentally incapacitated for commercial sexual activity.  Then the offense becomes a life felony. In addition, if a parent sells or transfers custody of their child to traffickers, the parents are guilty of a life felony.

In addition to the above, if the trafficker, or someone working with the trafficker permanently brands a person or directs the person to be branded, they are guilty of a second-degree felony. Branding in this case means putting any mark on the victim’s body that can only be removed by surgery, laser treatment or some other medical procedure.

If the trafficking results in great bodily harm, a permanent disability or permanent disfigurement, the charge is upgraded one degree (first degree felony becomes a life felony; second degree felony becomes a first-degree felony).

Another issue that has been in the news recently is human smuggling.  This is distinguished from trafficking in that it is merely transporting someone into the country illegally without the aspect of forced labor or services. Whenever a person transports another into the country when they know or should know the person is entering illegally is guilty of a third-degree felony.

In order to fight trafficking, the law requires all emergency rooms, rest areas, airports, train stations, welcome centers, along with all strip clubs, massage parlors, adult entertainment businesses or business offering bodywork to post a sign that reads: “If you or someone you know is being forced to engage in an activity and cannot leave-whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activity- call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law.”

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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