The Trafficking Victims Protection Act and Penalties for Sex Trafficking

The Trafficking Victims Protection Act (TVPA) is a cornerstone of federal law that targets human trafficking, specifically addressing sex trafficking in the United States and abroad. Passed in 2000, the TVPA provides federal law enforcement agencies with the tools necessary to combat the exploitation of vulnerable individuals through forced labor and commercial sex acts. The law defines sex trafficking and establishes severe penalties for those convicted of engaging in or facilitating such criminal activities.

Given the serious nature of these crimes, anyone facing federal sex trafficking charges should consult a skilled federal criminal defense attorney. At Burnham & Gorokhov, we have experience handling these complex and high-stakes cases in Washington, DC, Virginia, and throughout federal courts.

Sex Trafficking Under the TVPA

The Trafficking Victims Protection Act defines sex trafficking as the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or when the victim is under the age of 18. Even in cases where the victim appears to consent, the use of force, threats, or coercion by traffickers makes it a federal crime under this law. The act also covers traffickers who knowingly benefit financially from such criminal activities.

A key element of the TVPA is its recognition of victims’ rights. The law not only seeks to punish offenders but also to protect victims by offering legal avenues for restitution and other forms of assistance. This dual focus on prosecution and victim support distinguishes the TVPA from other criminal laws and underscores its commitment to addressing the complex nature of human trafficking.

Federal Penalties for Sex Trafficking

Federal sex trafficking charges carry some of the most severe penalties in the U.S. legal system, reflecting the gravity of these crimes. Under the TVPA, the penalties for sex trafficking depend on various factors, including whether the victim is a minor, whether force, fraud, or coercion was used, and the specific circumstances of the crime.

For trafficking offenses involving minors, especially those under the age of 14, the penalties are particularly harsh. Individuals convicted of trafficking a child for sex can face:

• A mandatory minimum sentence of 15 years in federal prison, with a maximum of life in prison if the victim is under 14.
• For victims between the ages of 14 and 18, the mandatory minimum sentence is 10 years, with a maximum sentence of life imprisonment.

If force, fraud, or coercion is used in any sex trafficking case, the mandatory minimum penalty is also 15 years in prison. The maximum penalty remains life imprisonment in these cases. These sentences reflect the federal government’s commitment to eradicating sex trafficking and protecting vulnerable individuals, especially minors.

In addition to lengthy prison sentences, those convicted of sex trafficking under the TVPA may face other consequences, including:

• Significant financial penalties, including fines and mandatory restitution payments to victims.
• Forfeiture of assets used in the commission of the crime, such as property, vehicles, or bank accounts.
• A lifetime requirement to register as a sex offender, significantly impacting the individual’s personal and professional life.

Why Federal Jurisdiction Applies

Sex trafficking cases often fall under federal jurisdiction because they typically involve interstate commerce, such as the transportation of victims across state or national borders. The use of the internet, phone systems, and other interstate means to facilitate sex trafficking also brings these cases under federal law. This broad jurisdiction enables federal agencies like the FBI and Department of Homeland Security to investigate and prosecute sex trafficking cases more effectively.

The involvement of federal agencies and courts often means that these cases are more complex and carry higher stakes than state-level prosecutions. Those facing federal sex trafficking charges need an experienced sex trafficking defense attorney who understands the intricacies of federal law and can provide a robust defense.

Legal Representation for Federal Sex Trafficking Charges in Washington DC and Virginia

Being charged with federal sex trafficking is a serious matter, and it is critical to have an experienced sex trafficking defense attorney. At Burnham & Gorokhov, our federal criminal defense attorneys understand the high stakes of these cases and the severe penalties involved. We work diligently to defend clients facing charges under the Trafficking Victims Protection Act, ensuring that their rights are protected throughout the process.