Understanding Human Trafficking Laws in Alabama
Alabama law defines human trafficking under Alabama Code § 13A-6-152 and § 13A-6-153, which criminalize the recruitment, harboring, transportation, or obtaining of a person through force, fraud, or coercion for labor or sexual servitude. First-degree human trafficking involves knowingly subjecting someone to forced labor or sexual servitude, while second-degree human trafficking includes benefiting from such exploitation. If a minor is involved, the charge becomes even more severe, as the law does not require proof of force, fraud, or coercion in such cases.
The “Sound of Freedom Act,” enacted in 2024, has further strengthened Alabama's stance against human trafficking. Under this law, a conviction for first-degree human trafficking involving a minor now carries a mandatory life sentence. Understanding the gravity of these laws is crucial for anyone facing these charges.
The actual statutes are reproduced here:
Human trafficking in the first degree.
(a) A person commits the crime of human trafficking in the first degree if:
(1) He or she knowingly subjects another person to labor servitude or sexual servitude.
(2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude.
(3) He or she knowingly gives monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor.
(b) For purposes of this section, it is not required that the defendant have knowledge of a minor victim's age, nor is reasonable mistake of age a defense to liability under this section.
(c) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the corporation or entity performs the conduct that is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity. The commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.
(d) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class A felony.
(e) Human trafficking in the first degree is a Class A felony.
Section 13A-6-152
Human trafficking in the second degree.
(a) A person commits the crime of human trafficking in the second degree if:
(1) A person knowingly benefits, financially or by receiving anything of value, from participation in a venture or engagement for the purpose of sexual servitude or labor servitude.
(2) A person knowingly recruits, entices, solicits, induces, harbors, transports, holds, restrains, provides, maintains, subjects, or obtains by any means another person for the purpose of labor servitude or sexual servitude.
(3) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the second degree for an act or omission only if an agent of the corporation or entity performs the conduct which is an element of the crime while acting within the scope of his or her office or employment and on behalf of the corporation or entity, and the commission of the crime was either authorized, requested, commanded, performed, or within the scope of the person's employment on behalf of the corporation or entity or constituted a pattern of conduct that an agent of the corporation or entity knew or should have known was occurring.
(4) Any person who obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a Class B felony.
(b) Human trafficking in the second degree is a Class B felony.
Section 13A-6-153
Potential Defenses
If charged with human trafficking, several defenses may be available depending on the circumstances of your case. Common defenses include:
• Lack of Knowledge or Intent
If the prosecution cannot prove that you knowingly engaged in trafficking, this may serve as a defense.
• False Accusations
In some cases, accusations arise from misunderstandings, personal conflicts, or mistaken identity.
• Constitutional Violations
Evidence may be challenged if law enforcement violated your rights during the investigation, such as conducting an unlawful search or failing to provide legal counsel.
Importance of Legal Representation
Given the severe consequences of a human trafficking conviction, it is crucial to secure an experienced criminal defense attorney. A skilled lawyer can evaluate the evidence, build a strong defense, and negotiate plea deals if necessary. Facing these charges without proper legal counsel significantly increases the risk of conviction and maximum sentencing.
Ultimately, being charged with human trafficking in Alabama is a life-altering event. Understanding the legal process, exploring all defense options, and obtaining qualified legal assistance are essential to achieving the best possible outcome.
