Politichaos

Resolving the Ruckus

Proposition 35 : Human Trafficking

Official title : Human Trafficking. Penalties. Initiative Statute.

State analysis      /    Money trail

Summary :

  1. Increases criminal penalties for human trafficking, including prison sentences up to 15-years-to-life (currently 5 to 8 yrs) and fines up to $1,500,000, used for victim services (70%) and law enforcement (30%).
  2. Requires sex offenders to provide information regarding Internet access and identities they use in online activities.
  3. Prohibits evidence that human trafficking victim engaged in sexual conduct from being used against them in court proceedings (eg. prostitution).
  4. Requires 2 hours of human trafficking training for police officers.
  5. Expands definition of human trafficking to include creation and distribution of obscene materials depicting minors.

Notes:

  1. Most human trafficking cases are handled by the Feds. There are currently 18 human traffickers in jail convicted by the State.
  2. Federal definition of human trafficking includes sex trafficking and labor trafficking.
  3. CA state law defines human trafficking as violating the liberty of a person with the intent to either (1) commit certain felony crimes (such as prostitution) or (2) obtain forced labor or services.
  4. Summary of changes to maximum penalties:
    1. Labor trafficking - current = 5 years, new = 12 years
    2. Sex trafficking of an adult, forced - current = 5 years, new = 20 years
    3. Sex trafficking of a minor without force - current = none, new = 12 years
    4. Sex trafficking of a minor, forced - current = 8 years, new = life term
    5. Great bodily injury, on top of other penalties - current = 6 years, new = 10 years
    6. Prior human trafficking offense, on top of other penalties - current = none, new = 5 years per prior conviction
    7. Sex trafficking a minor - current = up to $100k, new = $1.5M for all human trafficking offenses