TRAFFICKING
When people think of trafficking, they tend to think of nefarious individuals that are smuggling people into the country against their will. Trafficking encompasses so much more. In fact, just helping somebody get a ride into Nevada that the person knows does not have a legal right to enter or remain in the United States could face trafficking criminal charges.
Nevada divides trafficking into three categories: Trafficking in persons for financial gain; Trafficking in persons for illegal purposes; and Trafficking in children. We will define each of the different trafficking statutes individually.
What is the legal definition of Trafficking in persons for financial gain?
“Trafficking in persons for financial gain” is defined in NRS 200.467:
- A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada who the person knows or has reason to know does not have the legal right to enter or remain in the United States in exchange for money or other financial gain.
- A person who violates the provisions of subsection 1 is guilty of trafficking in persons and, unless a greater penalty is provided pursuant to NRS 200.464 or 200.468, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $50,000.
What is hard to understand about that?
A “person that does not have a legal right to enter or remain in the United States” is commonly known as an illegal alien. Remember, the individual needs to be paid in order to violate the statute.
- If a person calls a friend to drive an illegal alien in the state of Nevada and is paid for doing so, that person could be charged with trafficking in persons for financial gain.
- If a person helps an illegal alien find transportation in Nevada, he/she could be charged under this statute.
What are the possible penalties?
Trafficking in persons for financial gain is a category B felony and carries with it:
- Between 1 to 10 years in a Nevada State Prison
- A fine of $50,000
What is the legal definition of Trafficking in Persons for Illegal Purposes
“Trafficking in Persons for Illegal Purposes” is defined in N.R.S. 200. 468:
- A person shall not transport, procure transportation for or assist in the transportation of or procurement of transportation for another person into the State of Nevada whom the person knows or has reason to know does not have the legal right to enter or remain in the United States with the intent to:
- Subject the person to involuntary servitude or any other act prohibited pursuant to NRS 200.463, 200.4631 or 200.465;
- Violate any state or federal labor law, including, without limitation, 8 U.S.C. § 1324a; or
- Commit any other crime which is punishable by not less than one (1) year imprisonment in the state prison.
What is hard to understand about that?
This is essentially the same crime as trafficking in persons for financial gain. The only difference is that this statute is violated if an illegal alien is transported in the state of Nevada in order to do something illegal as opposed to, a financial gain. Under this statute, the offender must have a certain intent, described in a, b or c. “A” goes to involuntary servitude, “B” goes to unlawfully employing illegal aliens and C goes to any felony (Felonies are crimes that are punishable by 1 year or more in the state prison).
What are the possible penalties?
Trafficking in Persons for Illegal Purposes is a category B felony and carries with it:
- 1 to 20 years in a Nevada State Prison
- A fine of up to $50,000
What is the legal definition of Trafficking in Children?
“Trafficking in Children” is defined in N.R.S. 200.4685:
- Except as otherwise provided in this section, a person shall not:
(a) Recruit, transport, transfer, harbor, provide, obtain, maintain or solicit a child in furtherance of a transaction, or advertise or facilitate a transaction, pursuant to which a parent of the child or a person with custody of the child places the child in the physical custody of another person who is not a relative of the child, for the purpose of permanently avoiding or divesting himself or herself of responsibility for the child.
(b) Sell, transfer or arrange for the sale or transfer of a child to another person for money or anything of value or receive a child in exchange for money or anything of value.
2. The provisions of subsection 1 do not apply to:
(a) A placement of a child with a relative, stepparent, child-placing agency or an agency which provides child welfare services;
(b) A placement of a child by a child-placing agency or an agency which provides child welfare services;
(c) A temporary placement of a child with another person by a parent of the child or a person with legal or physical custody of the child, with an intent to return for the child, including, without limitation, a temporary placement of a child while the parent of the child or the person with legal or physical custody of the child is on vacation, incarcerated, serving in the military, receiving medical treatment or incapacitated;
(d) A placement of a child in accordance with NRS 127.330, 159.205 or 159.215;
(e) A placement of a child that is approved by a court of competent jurisdiction; or
(f) Delivery of a child to a provider of emergency services pursuant to NRS 432B.630.
What is hard to understand about that?
Trafficking in a child under this statute is essentially done without the child’s parent. The parent gives the child to another who then transports them to the State of Nevada. The statute also prohibits selling a child or recruiting a child, as well as arranging for that sale or transfer of the child.
- If an individual takes a child from the parent with directions to keep the child at the individual’s house and the parents have no intent to come back to get the child, that individual could be charged with trafficking in children.
- Just the advertisement of keeping a child at the individual’s house for the example directly above this one, could be enough to charge the individual with trafficking in children.
So if I gave someone a ride somewhere, and that person is an illegal alien, is that enough to charge me with one of the trafficking laws?
Probably not. The statutes state that the offender must know that the illegal alien is not in the United States legally. If the person receiving a ride is a child, you would need to know that there was some type of transaction taking place. In other words, you know that you are taking a child to a house that harbors illegal aliens.
What are the possible penalties?
Trafficking in children is a category C felony in Nevada and carries with it:
- 1 to 5 years in a Nevada State Prison
- A fine up to $10,000
Please Note: Oftentimes, this crime is charged along with other, more serious crimes, such as involuntary servitude of minors N.R.S 200.4631 which could result in a penalty of life in
Are there any Defenses?
There are always defenses that might apply to your case. For “trafficking” charges, those defenses include:
- False allegations/Mistaken Identity – Trafficking charges can often be false. People misunderstand what people are doing all the time and think a person is engaged in trafficking when they are not. Additionally, people may confuse who actually committed the crime with somebody else. then the charges should be dropped or dismissed.
- Lack of Intent- Like in most criminal cases, the individual must have intended to commit the crime. In Nevada, the would-be offender must either, in the case of trafficking in persons for financial gain and trafficking in persons for illegal purposes must know or have reason to know the person being “trafficked” is an illegal alien, or has reason to know the individual is an illegal alien. This is also the case in regards to trafficking in children if the parent or legal guardian intends to return for the child.
- Relative or Step-Parent- In Nevada, for there to be a violation of the trafficking in Children statute, the individual must not be a relative or a step-parent of the child.
What should I do if I’ve been charged with any of the Trafficking laws?
As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.