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North Carolina Criminal Law – General Statute 14-43.11: Human Trafficking of a Minor Involving Sexual Servitude

1. Definition of Human Trafficking and Essential Elements of the Criminal Charge

Criminal Charge The North Carolina criminal laws, in Chapter 14-43.11 define human trafficking of a minor for sexual activity. The serious felony offense involves coercion or deceit, intentional act, to hold a minor for the purpose of sexual servitude.

The information contained here is intended to be general in nature and is not serve as an exhaustive explanation of Human Trafficking.

Given the severity and sensitivity of such sex offenses, we recommend you contact legal counsel immediately. The Human Trafficking laws in North Carolina are intended to be inclusive in nature and may be broadly applied, depending the fact-pattern of the offense at issue.

The purpose of holding the minor child is for the benefit of the defendant, where sexual services are traded for anything of value.

The State of North Carolina, through the office of the District Attorney, bears the burden of proof. The prosecutor must prove certain essential elements.

Legal professionals, including criminal lawyers, prosecutors, and judges may refer to those as the prima facie elements of the offense.

The NC Pattern Jury Instructions fully define the criminal charge of Human Trafficking.

The State must prove Beyond a Reasonable Doubt:

  1. That the person accused of the charges (the Defendant), intentionally (willfully) or in a criminally reckless manner (disregard for actions), held someone under the age of 18 years old (a minor) in sexual servitude.
  2. The in “holding” the victim, by deceit or coercion, intentionally subjected the minor to sexual activity for something of value, either direct or indirect value, or to sex acts performed or provided

Ignorance of the victim’s age is not a valid defense to the criminal charge under NCGS 14-43.11.

“Coercion” involves:

  1. Threatening to cause bodily harm to any person
  2. Causing bodily harm to any person
  3. Confining any person
  4. Restraining any person
  5. Threatening to confine or physically restrain any person OR
  6. Threatening to expose information or any fact that would subject the victim to ridicule, hatred, contempt, deportation/immigration proceedings, or criminal charges
  7. Exposing any fact that Threatening to expose information or any fact that would subject the victim to ridicule, hatred, contempt, deportation/immigration proceedings, or criminal charges

“Deception” involves:

  1. Confirming another person’s impression of a false fact or event
  2. Creating an impression of a false fact or event
  3. The Defendant knows the fact or event to be false
  4. The Defendant believes the fact or event to be false
  5. Maintaining the condition or status of the victim as security for a debt OR
  6. Promising performance of services knowing they will not be performed or delivered
2. Example of Human Trafficking

Defendant kidnaps a 17-year-old boy, believing him to be 18 years old or older. Defendant plies the victim with both alcohol and drugs. After getting the victim high/drunk, forces the minor to perform sexual acts for money. The accused can be charged and convicted of human trafficking of a minor involving sexual servitude.

3. Criminal Charges and Topics of Interest
  1. North Carolina Human Trafficking Laws
  2. Sexual Assault
  3. What is an Indictment?
  4. Assault with a Deadly Weapon Inflicting Serious Injury
4. Penalties for Human Trafficking

Human Trafficking of a minor for sexual servitude is an extremely serious felony criminal charge in North Carolina. It is categorized as a “Class C” Felony in North Carolina, subjecting the Defendant to a substantial active prison term.

Human Trafficking may also be a federal offense, especially in instances when the victim is transported across state lines.

5. Danny Glover – Outer Banks Criminal Defense Attorney – Sex Offenses and Human Trafficking

Human TraffickingIf you have been accused of a sexual offense in North Carolina or law enforcement wishes to speak with you, before doing anything we recommend you immediately call OBX criminal lawyer Danny Glover.

Exercise your right to remain silent and your right to speak with an attorney and legal counsel. Politely decline to answer questions or “explain what happened.”

Given the severity of such criminal charges, and the potential of substantial prisons terms if convicted, we further recommend you not speak to anyone at all about the allegations, including friends, family, and law enforcement.

The information provided to the Danny Glover Law Firm is highly confidential. Criminal defense attorneys protect the attorney-client privilege, even if only in consultation.

Call Danny Glover NOW at: 252-299-5300

You may also reach Danny Glover by email: Danny@DannyGloverLawFirm.com

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