PC 236.1(b)
Human sex trafficking
Information on the crime of human sex trafficking is found at California penal code section 236.1(b).
PC 236.1(b) Law (Abbr.)
PC 236.1(b) A person who deprives or violates the personal liberty of another with the intent to effect or maintain a sex crime listed under PC 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human sex trafficking (PC 236.1(b)).
If the victim of human sex trafficing is a minor under the age of eighteen (18) at the time of the offense then the district attorney may charge additional crimes. See PC 236.1(c)(1).
In determining whether a minor was caused, induced, or persuaded to engage in a commercial sex act, the totality of the circumstances, including the age of the victim, his or her relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be considered.
PC 236.1(b) Definitions
Coercion includes a scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of a controlled substance to a person with the intent to impair the person’s judgment.
Commercial sex act means sexual conduct on account of which anything of value is given or received by a person.
Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
Duress includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess an actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing an actual or purported passport or immigration document of the victim.
Forced labor or services means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
Great bodily injury means a significant or substantial physical injury.
Minor means a person less than 18 years of age.
Serious harm includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.
PC 236.1(b) Sentence & Punishment
Probation Sentence: A probation sentence is period of supervision instead of a prison sentence. Probation sentences carry conditions of probation, or terms of probation, that must be followed in order to avoid further punishment, including an actual prison sentence. A probation sentence for PC 236.1(b) is called felony probation and is supervised and monitored by a felony probation officer. Probation sentences for the crime of human trafficking for sex (PC 236.1(b)) are available, but not guaranteed. Whether or not a defendant will be granted probation sentence on any PC 236.1(b) conviction depends largely on the facts of the case and the defendant's criminal history.
Sex Offender Registration: If found guilty of lewd and lascivious acts on a minor under 14 (PC 288(a)), the defendant will be ordered to register as a sex offender pursuant to PC 290. For more information please see sex offender registration requirements.
Consent by a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section (PC 236.1(b)).
Mistake of fact as to the age of a victim of human trafficking who is a minor at the time of the commission of the offense is not a defense to a criminal prosecution under this section (PC 263.1(b)).
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PC 236.1(b): Human Sex Trafficking
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PC 288(a) PC 288(b)(1) PC 288(c)(1) PC 288.5(A) PC 288.7(a) PC 288.7(b) PC 288(i) PC 261(a)(2) PC 261(a)(3) PC 261.5(c) PC 262(a)(1) PC 314(1) PC 314(2) PC 288a(b)(1) PC 288a(b)(2) PC 288a(c)(2)(A) PC 288a(i) PC 647.6(a)(1) PC 647.6(a)(2) PC 647.6(b) PC 311.11(a) PC 311.11(c)(1) PC 311.11(c)(2) PC 236.1(b) PC 236.1(c)(1) PC 236.1(c)(2) PC 647(b) PC 653.22(a) PC 315 PC 647(j)(4) PC 243.4(e)(1) PC 243.4(a) PC 243.4(d) PC 289(a)(1)(A) PC 289(h) PC 289(i) PC 289(e) PC 289(a)(2) PC 266h(a) PC 266h(b)(1) PC 266h(b)(2) PC 266i(a) PC 266i(b)(1) PC 266i(b)(2) PC 286(b)(1) PC 286(c)(1) PC 286(c)(2)(A) PC 286(i) PC 285 PC 220(a) PC 290.018 |
Lewd acts on a minor Lewd acts on a minor w/force Lewd acts on a minor 14 or 15 Continuous sex abuse on minor Intercourse or sodomy of a minor Oral cop or penetration of a minor Lewd act on a minor w/injury Rape by force or fear of injury Rape of intoxicated victim Unlawful sexual intercourse Spousal rape by force or fear Indecent exposure Aiding indecent exposure Oral copulation on a minor Oral cop on a minor under 16 Oral copulation by force or fear Oral cop on an intoxicated victim Annoy or molest a child Molest person thought to be child Molest a child in a dwelling Possession of child porn Possession of child porn images Possession of child sadism Human trafficking for sex Human trafficking minor for sex Human traffic minor with force Agree or solicit prostitution Loiter to commit prostitution Keeping a house of prostitution Distribute nude images Sexual battery Sexual battery by restraint Sexual battery by masturbation Sexual penetration by object Sexual penetration on minor Sex penetration of minor under 16 Sex penetration intoxicated victim Sexual penetration by force Pimping Pimping a minor Pimping a minor under 16 Pandering Pandering a minor Pandering a minor under 16 Sodomy of a minor Sodomy of a minor under 14 Sodomy by force or fear Sodomy of an intoxicated victim Incest Sexual assault Failure to register as sex offender |
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Related Crimes
PC 236.1(c)(1) |
PC 236.1(c)(2) |
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