POST ON L AW ENF ORCEM ENT RESPONSE TO

GUIDELINES
POST2 0 07BTB-0394

2014

i c k i n g
h u m a n

t r a f f human
trafficking
POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

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POST

2014
 Copyright California Commission on Peace Officer Standards and Training
Published April 2008, November 2014

All rights reserved. This publication may not be reproduced, in whole or in part, in any
form or by any means electronic or mechanical or by any information storage and retrieval
system now known or hereafter invented, without prior written permission of the California
Commission on Peace Officer Standards and Training. This publication (and any videos
associated with it) may not be posted to any web site or social media application, including
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There are two exceptions:

• California law enforcement agencies in the POST peace officer program and POST-
certified training presenters are hereby given permission by POST to reproduce any
or all of the contents of this manual for their internal use only. However, distribution
may be limited.

• Individuals are allowed to download POST publications for personal use only.
(Distribution is not allowed.)

Infringement of the copyright protection law and the provisions expressed here and on
the POST Website under Copyright/Trademark Protection will be pursued in a court of
law. Questions about copyright protection of this publication and exceptions may be
directed to the Publications Manager.

Cover and publication designed by Rose Avila. Art direction by POST Design Unit.
Photo by Loleia Rodriquez through StockXChange.

POST2007BTB-0394 (2014 ed.)

 C O M M I S S I O N O N P E A C E O F F I C E R S TA N D A R D S A N D T R A I N I N G

MISSION STATEMENT

The mission of the California Commission on Peace Officer Standards and

Training (POST) is to continually enhance the professionalism of California
law enforcement in serving its communities.

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 C O M M I S S I O N O N P E A C E O F F I C E R S TA N D A R D S A N D T R A I N I N G

COMMISSIONERS

Chair Sandra Hutchens | Sheriff -Coroner | Orange County

Vice Chair Laren Leichliter | Deputy Sheriff | San Bernardino County

Lai Lai Bui | Sergeant | Sacramento Police Department

Robert T. Doyle | Sheriff | Marin County

Joyce Dudley | District Attorney | Santa Barbara

Kamala D. Harris | Attorney General, Department of Justice | Ex Officio Member

Peter Kurylowicz, Jr. | Deputy Sheriff | Riverside County

Ronald Lowenberg | Dean | Criminal Justice Training Center, Huntington Beach

Jim McDonnell | Chief | Long Beach Police Department

Bernard Melekian | Public Member | Southern California

Sylvia Moir | Chief | El Cerrito Police Department

Jethroe Moore | Public Member | Northern California

Laurie Smith | Sheriff | Santa Clara County

Robert R. Stresak | Executive Director | POST

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 C O M M I S S I O N O N P E A C E O F F I C E R S TA N D A R D S A N D T R A I N I N G

ACKNOWLEDGMENTS

Arthur Arevalo, Sergeant Jeff Miller, Detective

Austin Police Department San Diego Police Department, Vice Unit

T. March Bell Benjamin Monsivais

Civil Rights Division Immigration and Customs Enforcement
U.S. Department of Justice
John P. Mulvey
Chris Bray, Sergeant Immigration and Customs Enforcement
Phoenix Police Department
Sheila Neville, Attorney
Kay Buck, Executive Director Legal Aid Foundation of Los Angeles
Coalition to Abolish Slavery
and Trafficking (CAST) Kimberly Pearce
San Diego City Attorney’s Office
Rick Castro, Deputy Family Justice Center
COPPS Administration
San Diego Region Anti-Trafficking Mary Petrie, Lieutenant
Task Force San Francisco Police Department, Vice Crimes

Mike Pryor, Lieutenant

Debbie Deem, Victim Specialist
Federal Bureau of Investigations Tuscon Police Department

Josie Regula, Special Agent

Dan Elting, Detective
Phoenix Police Department Federal Bureau of Investigations
Arizona POST Board Duane Scott, Sergeant
Mario Estrada, Sergeant Los Angeles County Major Crimes Bureau
Los Angeles County Chris Tenorio, Assistant U.S. Attorney
Sheriff’s Major Crimes Bureau U.S. Attorney’s Office
Manolo Guillen Carlos Velez, Lieutenant
San Diego Youth and Community Services Los Angeles Police Department
B-SAFE Human Trafficking Program Robbery Homicide Division
Sherri D. Harris, Program Coordinator Steven Wagner, Senior Consultant
The Cambodian Family Department of Health and Human Services
Partnership for Trafficking Victim Services Trafficking in Persons Program
Kyle B. Jackson, Captain Don Wildy, Detective
Los Angeles Police Department Los Angeles Police Department
Katharine Killeen, Deputy Executive Director
Human Trafficking Task Force
California District Attorney’s Association Robbery Homicide Division

Kathleen Martell
Immigration and Customs Enforcement

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

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 FOREWORD
A pproved august 2 0 1 4

Human trafficking is one of the most horrific crimes committed in our society today. It involves the
recruitment, abduction, transport, harboring, transfer, sale, or receipt of persons, within national
or across international borders, through force, coercion, fraud, or deception. It places persons in
situations of slavery or slave-like conditions, forced labor or services, such as forced prostitution
or sexual services, domestic servitude, bonded sweatshop labor and other debt bondage. In other
words, human beings are being bought and sold, sometimes repeatedly, for profit.

Human traffickers prey on the most vulnerable and disadvantaged members of society. They often
lure victims by promising legitimate jobs to support their families. Instead, victims are devastated to
learn they have been sold or trapped into a form of slavery. The nature of human trafficking makes
it critical for law enforcement to understand the dynamics, indicators, and manifestations of its
occurrence. Responding officers need the training and sensitivity necessary to provide the support
that victims need to regain their lives.

The California Trafficking Victims Protection Act was enacted in late 2005 by statute (Penal Code
(PC) §13519.14) and required the Commission to prepare guidelines for law enforcement response
to human trafficking. These guidelines are presented in a format that will allow the reader to follow
a systematic process when conducting human trafficking investigations. POST encourages the
sharing of this information with all law enforcement personnel who may serve as liaisons between
human trafficking victims and the criminal justice system.

In November 2012, Proposition 35 was passed by the voters that: 1) increased criminal penalties
for human trafficking, including prison sentences, 2) directed fines collected to be used for victim
services and law enforcement, 3) required persons convicted of human trafficking to register as sex
offenders, 4) afforded consideration to the victim by prohibiting evidence that the victim engaged in
sexual conduct from being used against him/her in court proceedings, and 5) required a minimum of
two hours of training in handling complaints of human trafficking for every law enforcement officer
assigned to field or investigative duties to be completed by July 1, 2014. The POST training video
Human Trafficking: Identify and Respond (2014) meets the training mandate. To order copies of this
video, go to the POST Website www.post.ca.gov/post-training-videos.aspx.

The Commission appreciates the contributions of the Human Trafficking subject matter experts for
their assistance in providing this information. Questions or comments concerning this document
should be directed to the Training Program Services Bureau at 916.227.4885.

Robert A. Stresak
POST Executive Director

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 CONTENTS
TA B L E O F

Commissioners | page iii

Acknowledgements | page v
Foreword | page vii

Human Trafficking Guidelines

1–
­ Laws Associated with Human Trafficking | page 3
1.01 –
­ California Statutory Laws | page 3
2–
­ Scope of the Program | page 6
2.01 –
­ Statistics | page 6
3–
­ Differences between Smuggling and Human Trafficking | page 6
3.01 –
­ Smuggling | page 6
3.02 –
­ Trafficking | page 7
4–
­ Dynamics | page 7
4.01 –
­ Victim Recruitment | page 7
4.02 –
­ Vulnerability | page 8
4.03 –
­ Perpetrators | page 8
4.04 –
­ How Perpetrators Operate | page 9
5–
­ Indicators | page 9
5.01 –
­ General Indicators | page 9
5.02 –
­ Physical Indicators | page 10
5.03 –
­ Financial/Legal Indicators | page 10
5.04 –
­ Potential Locations | page 10
5.05 –
­ Labor Camps / Sweatshops | page 11
5.06 –
­ Sex Industry / Brothels | page 11
5.07 –
­ Types of Calls | page 12
­ Responsibilities | page 12
6–
6.01 –
­ Responding Officer Responsibilities | page 12

continues

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

Table of Contents continued

7–
­ Identifying, Assessing, and Communicating with Victims | page 13
7.01 –
­ Victim Veracity | page 13
7.02 –
­ Law Enforcement Challenges | page 13
7.03 –
­ Possible Victim Responses | page 14
8 –
­ Victim Dynamics | page 15
8.01 –
­ Relating to Victims | page 15
9 –
­ Appropriate Interviewing Techniques | page 15
9.01 –
­ Initial Victim Assessment | page 15
9.02 –
­ Recording Statements | page 17
10 –
­ Community Resources and Referrals | page 17
10.01 –
­ Community Assistance | page 17
­ Notification Requirements and Resources for Victims | Page 19
11 –
11.01 –
­ Required Notification | page 19
12 –
­ Types of Evidence | page 19
12.01 –
­ Physical Evidence | page 19
12.02 –
­ Documentary Evidence | page 20
12.03 –
­ Identification Documents (real and forged) | page 21
12.04 –
­ Personal | page 21
12.05 –
­ Travel | page 21
12.06 –
­ Photographic / Electronic / Print Media | page 21
12.07 –
­ Statements | page 22
13 –
­ Case Development | page 22
13.01 –
­ The Investigation | page 22
­ Arrests | page 24
14 –
14.01 –
­ Statutes (Penal Codes) | page 24
15 –
­ Federal Law Enforcement and Other Agencies | page 24
15.01 –
­ Federal Agencies | page 24

Appendices
1–
­ Additional Statutes and Cases | page 27
2–
­ Other Resources | page 43
­ Links and URLS | page 49
3–

x
human trafficking

guidelines

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

Human
Trafficking

2
 Human Trafficking Guidelines

Guideline NUMBER

L aw en fo r cem ent sh o u ld

1
be familiar with the laws associated
with human trafficking

1.01 California Statutory Laws

California Trafficking Victims Protection Act:

Penal Code (PC) §236.1 – Human trafficking
(a) Any person who deprives or violates the personal liberty of another with the
intent to obtain forced labor or services, is guilty of human trafficking and shall be
punished by imprisonment in the state prison for 5, 8, or 12 years and a fine of not
more than five hundred thousand dollars ($500,000).
(b) Any person who deprives or violates the personal liberty of another with the intent
to effect or maintain a violation of Section 266, 266h, 266i, 266j, 267, 311.1,
311.2, 311.3, 311.4, 311.5, 311.6, or 518 is guilty of human trafficking and shall be
punished by imprisonment in the state prison for 8, 14, or 20 years and a fine of
not more than five hundred thousand dollars ($500,000).
(c) Any person who causes, induces, or persuades, or attempts to cause, induce, or
persuade, a person who is a minor at the time of commission of the offense to
engage in a commercial sex act, with the intent to effect or maintain a violation of
Section 266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518
is guilty of human trafficking and shall be punished by imprisonment in the state
prison as follows:
(1) Five, 8 or 12 years and a fine of not more than five hundred thousand
dollars ($500,000)
(2) Fifteen years to life and a fine of not more than five hundred thousand
dollars ($500,000) when the offense involves force, fear, fraud, deceit,
coercion, violence, duress, menace, or threat of unlawful injury to the
victim or to another person.
(d) 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.

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(e) 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.
(f) 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.
(g) The Legislature finds that the definition of human trafficking in this section is
equivalent to the federal definition of a severe form of trafficking found in Section
7102(8) of Title 22 of the United States Code.

legal requirements of pc 236.2 for law enforcement agencies to provide

documentation:
Penal Code (PC) §236.5 – Human Trafficking: Law Enforcement Agency (LEA)
endorsement
(a) Within 15 business days of the first encounter with a victim of human trafficking,
as defined by Section 236.1, law enforcement agencies shall provide brief letters
that satisfy the following Law Enforcement Agency (LEA) endorsement regulations
as found in paragraph (1) of subdivision (f) of Section 214.11 of Title 8 of the Code
of Federal Regulations.

(b)
The LEA endorsement must be filled out completely in accordance with the
instructions contained on the form and must attach the results of any name or
database inquiry performed. In order to provide persuasive evidence, the LEA
endorsement must contain a description of the victimization upon which the
application is based, including the dates the trafficking in persons and victimization
occurred, and be signed by a supervising official responsible for the investigation
or prosecution of trafficking in persons. The LEA endorsement must address
whether the victim had been recruited, harbored, transported, provided, or obtained
specifically for either labor or services, or for the purposes of a commercial sex act.

Note: This form can be downloaded from www.uscis.gov/sites/default/files/files/

form/i-9.pdf

(c) Where state law enforcement agencies find the grant of a LEA endorsement to be
inappropriate for a victim of trafficking in persons, the agency shall within 15 days
provide the victim with a letter explaining the grounds of the denial of the LEA.
The victim may submit additional evidence to the law enforcement agency, which
must reconsider the denial of the LEA within one week of the receipt of additional
evidence.

Note: The form should go to the victim’s advocate or attorney so it can be included

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 Human Trafficking Guidelines

with I-914 T visa application.

The purpose of the endorsement is to assist victims in applying to immigration

authorities for a T visa, which allows them to live and work legally in the U.S. and
access certain government benefits, such as health care.

The completion of this form by law enforcement does not constitute the issuance of
the T-visa. That will occur through the Department of Immigration

mandated training for law enforcement officers:

Penal Code (PC) §13519.14 – Course or courses of instruction for training of law
enforcement officers in the handling of human trafficking complaints; guidelines
(a) The commission shall implement by January 1, 2007, a course or courses
of instruction for the training of law enforcement officers in California in the
handling of human trafficking complaints and also shall develop guidelines for law
enforcement response to human trafficking. The course or courses of instruction
and the guidelines shall stress the dynamics and manifestations of human
trafficking, identifying and communicating with victims, providing documentation
that satisfy the Law Enforcement Agency (LEA) endorsement required by federal
law, collaboration with federal law enforcement officials, therapeutically appropriate
investigative techniques, the availability of civil and immigration remedies and
community resources, and protection of the victim. Where appropriate, the training
presenters shall include human trafficking experts with experience in the delivery
of direct services to victims of human trafficking. Completion of the course may be
satisfied by telecommunication, video training, tape, or other instruction.
(b) As used in this section, “law enforcement officer” means any officer or employee
of a local police department or sheriff’s office, and any peace officer of the
Department of the California Highway Patrol, as defined by subdivision (a) of
Section 831.2.
(c) The course of instruction, the learning and performance objectives, the standards
for the training, and the guidelines shall be developed by the commission in
consultation with appropriate groups and individuals having an interest and
expertise in the field of human trafficking.
(d) The commission, in consultation with these groups and individuals, shall review
existing training programs to determine in what ways human trafficking training
may be included as a part of ongoing programs.
(e) Every law enforcement officer who is assigned field or investigative duties shall
complete a minimum of two hours of training in a course or course of instruction
pertaining to the handling of human trafficking complaints as described in

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

subdivision (a) by July 1, 2014, or within six months of being assigned to that
position, whichever is later.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

2
be familiar with the scope of the
2.01
problem of human trafficking

Statistics
Statistics: International
1 The United States Department of State estimates that 600,000 to 800,000 individuals
are trafficked annually.

2 The United States Department of Health and Human Services states that after drug
dealing, human trafficking is tied with the illegal arms industry as the second largest
criminal industry in the world today, and it is the fastest growing.

3 The profits associated with human trafficking exceed billions of dollars per year.

Statistics: domestic
1 The United States Department of Justice estimates that 14,500–17,500 people (primarily
women and children) are trafficked into the United States annually.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

3
understand differences between
3.01
smuggling and human trafficking

Smuggling
1 The relationship between the parties ends at the destination when fees are paid.

2 The transaction is made for the smuggling service.

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 Human Trafficking Guidelines

3 The person is free to leave upon payment of the fee.

4 It is a crime against the national borders.

5 It requires movement across a state or international border.

3.02

6 It can become trafficking once a person is compelled to provide labor or services.

Trafficking
The relationship does not end at the destination. It involves compelled labor or service
through the use of force, fraud, or coercion.

1 Debts are incurred.

2 The person is not free to leave and becomes enslaved.

3 It is a crime against persons.

4 It does not require movement across a state or international border.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

4
be familiar with the dynamics of
4.01
human trafficking

Victim Recruitment
Victims of human trafficking can be recruited in a variety of different ways, such as:

1 Direct recruitment

2 Employment agencies

3 Modeling agencies

4 Career fairs

5 Educational opportunities

6 Illegal foreign adoptions

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

7 Internet

8 Public advertisements

9 Friends or family

10 Other victims

11 Befriending

12 Romancing
4.02
13 Seduction

Vulnerability
The key element associated with human trafficking is vulnerability. Many victims are
individuals who:

1 Are escaping oppression, domestic violence, child abuse, and/or other conflict.

2 Are economically disadvantaged.

3 Have limited education.

4 Are homeless and/or runaway children.

5 Are women and children.

4.03
6 Are adults and children seeking employment.

Perpetrators
Perpetrators of human trafficking can take on many shapes and forms, including but not
limited to, the following:

1 Friends and family members

2 Organized criminal groups/local gangs

3 Smugglers

4 Pimps/madams

5 Adult entertainment industry providers

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 Human Trafficking Guidelines

4.04 6 Massage parlor operators

7 Labor subcontractors

How Perpetrators Operate

Small scale:
1 Organization of family and friends

2 Local street gangs employed by organized crime syndicates

Legal businesses:
1 Buy workers from smugglers, entice those desperate for work, or hire through
subcontractors.

International networks:
1 Russian mafia

2 Chinese triads

3 Japanese Yakusa

Guideline NUMBER

L aw en fo r cem ent sh o u ld

5
5.01
be aware of the indicators of
human trafficking

General Indicators
1 Victims live on or near their work premises.

2 They have restricted or controlled communication/transportation.

3 They are not free to leave.

4 They are frequently moved by the traffickers.

5 There are a large number of occupants for the living space.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

6 They have a lack of private space, personal possessions, and/or financial records.

7 They have limited knowledge about how to function or navigate in a community.

8 They have no access to telephones.

9 They have access to only one spokesperson, or third party who insists on interpreting.
5.02

10 There is excessive taxi traffic at their residence or workplace.

11 The neighbors observe heavy male foot traffic but rarely see the occupants.

Physical Indicators
1 Victims may have visible injuries from beatings with or without weapons used.

2 They exhibit signs of being exposed to torture (e.g., cigarette burns).

5.03

3 They have brands, scars, or tattoos indicating someone else’s ownership.

4 They exhibit signs of malnutrition.

Financial/Legal Indicators
1 Someone else has possession of the victim’s legal and/or travel documents.

2 They have existing debt issues.

5.04
3 One attorney claims to represent multiple victims detained at different locations.

4 The victim was forced to sign a contract.

Potential Locations
Victims of human trafficking may be found in numerous settings and involved in various
activities such as:

1 Agricultural labor

2 Begging/panhandling

3 Construction labor

4 Debt bondage

5 Hotel/motel cleaning services

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 Human Trafficking Guidelines

6 Illegal transporters (humans and narcotics)

7 Organized theft rings

8 Pornography (including child)

9 Prostitution/sex industry

10 Restaurant business/waitress/cleaning service

5.05
11 Servile marriage (mail-order brides)

12 Sweatshops/factory workers

Labor Camps / Sweatshops

Human traffickers often implement security measures intended to keep victims confined as
evidenced by the following:

1 Barbed wire surrounding the facility

2 Bars on the windows

3 Self-contained camps
5.06
4 Bouncers, guards, and/or guard dogs

5 Shopping allowed only at a “company store”

Sex Industry / Brothels

The following are indicators of traffickers involved in the sex industry:

1 There are large amounts of cash and condoms at the location.

2 There is a customer logbook or receipt book (also known as a “trick book”.)

3 The rooms are sparse.

4 Men come and go frequently.

5 There are mattresses in the rooms instead of massage tables

6 Service menus are available.

7 There are hidden passages/areas and trap doors.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

5.07 8 Covert video security systems are in place.

(Refer to POST Guidelines for Adult/Adolescent Sexual Assault Investigation.)

Types of Calls
Human trafficking may be discovered during a variety of calls for service such as:

1 Sexual assault

2 Aggravated assaults/battery

3 Domestic violence

4 Kidnapping/false imprisonment

5 Lost/found reports (child/adult)

6 Traffic stops

7 Casual contact

8 Prostitution complaint/observation

9 Community member/citizen complaint

10 Labor dispute

11 Thefts/robbery

12 Suspected narcotic activity that turns out to be human trafficking

13 Any other type of call

Guideline NUMBER

L aw en fo r cem ent sh o u ld

6
6.01
be familiar with the responsibilities
of the initial responding officer

Responding Officer Responsibilities

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 Human Trafficking Guidelines

1 Contact the victim as soon as possible to address safety concerns and summon
emergency medical assistance if needed.

2 Preserve the crime scene. The scene will vary by type of activity being investigated.

3 Notify the first-level supervisor, such as a sergeant or detective, who will decide
whether to notify:
a. the United States Immigration Customs Enforcement (ICE) or
c. the FBI

Guideline NUMBER

L aw en fo r cem ent sh o u ld

7
7.01
be familiar with identifying,
assessing, and communicating with
victims of human trafficking

Victim Veracity
1 The initial story from victims of human trafficking may not be the truth. Instead, the
officer may receive a trained or canned response from the victim.
7.02
2 The officer should be cognizant of the fact the victim may have endured physical
and/or psychological imprisonment.

Law Enforcement Challenges

The following are some of the challenges law enforcement will encounter in obtaining
accurate statements from trafficking victims:

1 They may have language barriers.

(Note: Assure translators used are impartial third parties. Do not use on‑site translators
because they may be tied to the traffickers.)

2 They may be experiencing the Stockholm syndrome or feeling sympathetic toward

the suspects.

3 They may have a false sense of loyalty or commitment to the trafficker due to
“brainwashing.”

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

4 They may distrust outsiders particularly law enforcement.

5 They fear deportation.

6 They are unaware of their rights and may not consider themselves victims.

7 Life may be better now than it was previously.

8 They are afraid and intimidated by the traffickers.

9 They fear the unknown.

10 They are not in possession of their legal documents.

11 Threats to families:
a. They fear what might happen to their families back in their countries
b. They have received threats of reprisals against loved ones

12 They fear being ostracized back in their countries.

13 They are financially indebted to the traffickers.

7.03
14 They are isolated and may have been repeatedly moved to different locations.

Possible Victim Responses

Victims of human trafficking may respond to law enforcement in varying ways. The spectrum
of victim behaviors may include:

1 Evasiveness

2 Fear

3 Flight (possibly by force)

4 Silence

5 Refusal to cooperate

6 Embracing their “liberators”

7 Gratefulness

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 Human Trafficking Guidelines

Guideline NUMBER

L aw en fo r cem ent sh o u ld

8
understand victim dynamics and
effectively respond to victims from
varying life circumstances
8.01

Relating to Victims

1 Victims often need to feel safe before they will speak with officers/investigators.

2 Show understanding, patience, and respect for the victim’s dignity and attempt to
establish trust and rapport. A supported victim may result in a more effective witness.

3 Express sympathy to the victim and an interest in the victim’s well-being.

4 Be familiar with the concept of a “victim-centered” approach. The victim is at the center,
and often times the cornerstone of the investigation.

5 When applicable, explain confidentiality rights.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

9
be familiar with appropriate
interviewing techniques

9.01

Initial Victim Assessment

If someone insists on being the spokesperson for the victim, be very leery and separate that
person from the others. It may be necessary to remove the victim(s) from the scene.

Allow the victim to describe the experience in his or her own words without interrupting. Use
open-ended questions to clarify the details.

1 “I am here to help you.”

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

2 “Tell me about your current situation.”

3 “Is someone holding your documents?”

4 “Did someone threaten to report you to the authorities?”

5 “Is this the job you were promised or expected?”

6 “Can you come and go as you please?”

7 “Has anyone hurt or threatened to hurt you or your family?”

8 “Who is your employer?”

9 “Does your employer provide housing, food, clothes, or uniforms?”

10 “Did you enter into an employment contract? What does it say?”

11 “Do you owe money to your employer?”

12 “Did your employer/boss tell you what to say to police?”

13 “Were you forced to have sex as part of the job?”

14 “Can you freely leave your employment situation and work somewhere else?”

15 “Does your employer hold your wages?”

16 “Are there guards at work or video cameras to monitor and make sure no one leaves?”

17 “What would happen if you left the job?”

18 “Have you been physically harmed? Have you been deprived of food, water, sleep,
medical care, or other life necessities?”

19 “Were you kidnapped or sold?”

20 “Are you allowed to buy clothes and food on your own?”

21 “Can you freely contact (phone, write) friends and family?”

22 “Are you isolated from the community?”

23 “Are minors allowed to attend school?”

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 Human Trafficking Guidelines

9.02
Recording Statements
Procedures regarding recording all interviews with the victims, witnesses, and suspects
depend upon individual departmental policies. Recording statements can be an excellent
investigative tool.

1 Advantages of recording statements include:

a. Provides more detail than handwritten notes.
b. Enables investigators to be more attentive during the interview, assists
investigators in synopsizing details.
c. Protects the interviewer should a complaint or misunderstanding arise.
d. Conveys the victim’s immediate response to prosecutors and jurors.
e. Provides training material for use in improving the quality of interviews.
f. May be the only statement you receive.
e. May demonstrate the victim’s emotional state more accurately than an interview at a
later date.

2 Disadvantages of recording statements include:

a. May be intimidating to the victim and cause reluctance to disclose.

3 If recording, ensure the equipment is functioning properly.

An in-depth follow-up interview should be conducted after the victim has been medically
examined, treated, and personal needs have been met. The interview may take place at a
later time or date.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

10
be familiar with available community
10.01 resources and referrals, including the availability
of civil and immigration remedies

Community Assistance
1 Trafficking victims often initially hesitate to cooperate.

2 To gain the trust and cooperation of victims, involve victim assistance programs and
nonprofit social and legal services as soon as feasible in the investigation.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

3 Social service agencies (often referred to as “NGOs” or non-governmental agencies)

and victim service organizations are resources for law enforcement. They provide
services to stabilize and support victims so they can participate in the investigation as
effective witnesses.

4 These agencies can provide interpreter assistance, housing, access to medical/dental

services, counseling, and coordination with other services such as Public Health,
and the local Sexual Assault Response Team (SART). One call can access all of the
services a victim will need both short and long term.

5 They may be more successful at building victim trust.

6 They keep victims informed of their legal rights including potential immigration relief.

7 They can assist law enforcement in preventing conflict of interest situations.

8 They have access to emergency funds and compensation programs.

9 These services are particularly important in cases involving large numbers of victims or
victims with special needs, such as children, elderly, or disabled individuals.

10 Child Protective Services and the Office of Refugee Services (United States
Department of Health and Human Services) may become involved and take custody and
care of foreign victims under the age of 18.

11 Adult Protective Services should be contacted for elder and disabled trafficking victims.

12 Contacting a task force for victim services or technical assistance will help prevent
further victimization, and gives law enforcement immediate help in safely placing a
victim. Even if a task force is not in the area, access can be made to victim services
through other task forces.

13 Task forces available in the state:

a. Los Angeles
b. San Diego
c. San Francisco
d. Oakland
e. San Jose

14 Hotline: National Human Trafficking 888.373.7888

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 Human Trafficking Guidelines

Guideline NUMBER

L aw en fo r cem ent sh o u ld

11
be aware of notification requirements
and resources for victims

11.01 Required Notification

1 Victims need to be notified about victim assistance programs, their rights, and the
services available under state law, including:
a. Crime victim compensation
b. Access to emergency funds
c. Assistance in referrals and coordination of victim services
d. Court support, and safety needs
e. www.victimcompensation.ca.gov

2 Legal services programs can provide legal representation to victims while they are
cooperating with law enforcement, help them to apply for immigration status and other
benefits, and pursue civil remedies against the perpetrators.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

12
be familiar with the different types of
evidence associated with human trafficking
and proper evidence collection techniques

The responding officer should document the crime scene, including photographing, sketching,
and diagramming the scene prior to it being disturbed or processed.

12.01 Physical Evidence

1 Document the demeanor of the victim

2 Burns, scars

3 Tattoos

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

4 Injuries

5 Condoms

6 Lubricants

7 Sex industry devices

8 Drugs (even if not illegal, but used to sedate)

9 Motel keys

10 Physical aspects of crime scene/arrest (barbed wire, etc.)

12.02 Documentary Evidence

1 Contractual

2 Property ownership/lease agreement

3 Business/financial

4 Directories, client lists, ledger

5 Utility bills/phone records

6 Tax returns

7 Bank records

8 Receipts

9 Business licenses

10 Employment records

11 Legal

12 Vehicle registration

13 Vehicle violations/tickets

14 Temporary Restraining Order (TRO applications)

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 Human Trafficking Guidelines

15 Marriage/divorce records

16 Arrest/crime records

12.03 Identification Documents (real and forged)

1 Passports

2 Visas

3 Other immigration documents (green cards, work permits)

4 Birth certificates

5 Identification cards

6 Licenses

7 Evidence of forgery

8 Stolen ID

12.04 Personal
1 Mail order advertisements

2 Letters, journals written by victim

12.05 Travel
1 Bus, airline, train tickets

2 GPS tracking

3 Border crossing records

12.06 Photographic / Electronic / Print Media

1 CD-ROMs

2 Websites, Internet accounts, email

3 Web bulletin boards, chat rooms, personal ads, matchmaking services

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

4 Security system videos

5 Cell phone/PDA messages, memory (including pictures)

6 Flash drives, including those on key chains

12.07 Statements
1 Victims

2 Witnesses

3 Suspects

4 Officers

5 Informants

6 911 calls, recordings

7 Jail calls, recordings

8 Pretext phone calls

Guideline NUMBER

L aw en fo r cem ent sh o u ld

13
be familiar with all aspects of
human trafficking case development

13.01 The Investigation

1 Identify all players.

2 Conduct pertinent background information checks:

a. Criminal histories
b. Prior calls for service
c. Business records and licenses
d. Financial Crimes Enforcement Network (FINCIN) information

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 Human Trafficking Guidelines

3 Prepare a timeline/link analysis chart showing how long the victim lived where and
with whom.

4 Interview other witnesses.

5 Identify and contact other victims, if possible.

6 Re-interview the victim to clarify additional details, for example:

a. What were the rules?
b. What did the suspect promise? (family, wages)
c. Was the victim not allowed to speak unless spoken to?
d. Did the suspect provide fake names?
e. Did the suspect require the victim to wear certain clothing?

7 Have the victim identify all of the locations of occurrence.

8 Contact former employees and other people close to the suspect(s).

9 Bring in specialized investigators, if appropriate.

10 Attempt to corroborate the victim’s statements through:

a. Search warrants on bank accounts and other records to demonstrate how the victim
was paid.
b. Talk to family members, friends, and neighbors.
c. Obtain border crossing records.

11 Complete background on the suspect. Interview, interrogate, and give Miranda/Beheler

admonitions as appropriate.

12 Present the case to the prosecutor.

a. If applicable, assist in coordinating the pre-file interview with the victim(s).

b. Provide information and feedback to assist the prosecutor in the victim credibility
evaluation.
c. Complete supplemental investigative requests.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

Guideline NUMBER

L aw en fo r cem ent sh o u ld

14
make arrests when appropriate

14.01 Statutes (Penal Codes)

PC §181 Slavery

PC §236 False imprisonment

PC §261 Rape and other sex crimes

PC §236.1 Trafficking

PC §266(c) Consent to a sexual act procured by false representation or fear

PC §266(h) Pimping

PC §266(i) Pandering and pandering with a minor

1 Consult the U.S. Attorney’s Office about federal statutes that may carry longer sentences.

2 Consider other statutes that may be applicable.

Guideline NUMBER

L aw en fo r cem ent sh o u ld

15
understand the importance of
collaborating with federal law enforcement
and other agencies to share resources

Federal Agencies
15.01
Immigration and Customs Enforcement/Border Patrol (ICE)
www.ice.gov

Federal Bureau of Investigation (FBI)

www.fbi.gov

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 Human Trafficking Guidelines

Department of Health and Human Services

www.hhs.gov

Department of Labor - Wage and Hour Division

www.dol.gov/dol.gov/whd/

Internal Revenue Service

www.irs.gov

United States Attorney

www.usdoj.gov/

Department of State
www.state.gov

1 Federal agencies may provide victim assistance.

2 Investigations are often multi‑jurisdictional and can easily cross state lines. Both state
and federal laws can apply.

3 Agencies should meet, lay the groundwork for cooperation and agree on protocols
ahead of time.

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26
 APPENDIX 1

additional

STATUTES AND CASES

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 Appendix 1 – Additional Statutes and Cases

Human Trafficking Statutes and Cases

California Statutory Law:

Penal Code (PC) §14023 – Human trafficking added to Attorney General’s
Witness Protection Program
The Attorney General shall give priority to matters involving organized crime, gang activities,
drug trafficking, human trafficking, and cases involving a high degree of risk to the witness.
Special regard shall also be given to the elderly, the young, battered victims of domestic
violence, the infirm, the handicapped, and victims of hate incidents.

Evidence Code (EC) §1038 – Privilege (human trafficking victim – caseworker)

(a) A trafficking victim, whether or not a party to the action, has a privilege to refuse
to disclose, and to prevent another from disclosing, a confidential communication
between the victim and a human trafficking caseworker if the privilege is claimed
by any of the following persons:
(1) The holder of the privilege.
(2) A person who is authorized to claim the privilege by the holder of the privilege.
(3) The person who was the human trafficking caseworker at the time of the
confidential communication. However, that person may not claim the privilege
if there is no holder of the privilege in existence or if he or she is otherwise
instructed by a person authorized to permit disclosure. The human trafficking
caseworker who received or made a communication subject to the privilege
granted by this article shall claim the privilege whenever he or she is present when
the communication is sought to be disclosed and he or she is authorized to claim
the privilege under this section.
(b) A human trafficking caseworker shall inform a trafficking victim of any applicable
limitations on confidentiality of communications between the victim and the
caseworker. This information may be given orally.

Evidence Code (EC) §1038.1 – Compulsion of disclosure by court (human trafficking

victim – caseworker)
(a) The court may compel disclosure of information received by a human trafficking
caseworker that constitutes relevant evidence of the facts and circumstances
involving a crime allegedly perpetrated against the victim and that is the subject
of a criminal proceeding, if the court determines that the probative value of the
information outweighs the effect of disclosure of the information on the victim,
the counseling relationship, and the counseling services. The court may compel
disclosure if the victim is either dead or not the complaining witness in a criminal
action against the perpetrator.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

(b) When a court rules on a claim of privilege under this article, it may require the
person from whom disclosure is sought or the person authorized to claim the
privilege, or both, to disclose the information in chambers out of the presence
and hearing of all persons except the person authorized to claim the privilege and
those other persons that the person authorized to claim the privilege
consents to have present.
(c) If the judge determines that the information is privileged and shall not be
disclosed, neither he nor she nor any other person may disclose, without the
consent of a person authorized to permit disclosure, any information disclosed
in the course of the proceedings in chambers. If the court determines that
information shall be disclosed, the court shall so order and inform the defendant
in the criminal action. If the court finds there is a reasonable likelihood that any
information is subject to disclosure pursuant to the balancing test provided in this
section, the procedure specified in paragraphs (1), (2), and (3) of Section 1035.4
shall be followed.

Penal Code (PC) §273.7 – Malicious disclosure of location of trafficking shelter

(a) Any person who maliciously publishes, disseminates, or otherwise discloses
the location of any trafficking shelter or domestic violence shelter or any place
designated as a trafficking shelter or domestic violence shelter, without the
authorization of that trafficking shelter or domestic violence shelter, is guilty of
a misdemeanor.
(b) (2) For purposes of this section, “trafficking shelter” means a confidential location
which provides emergency housing on a 24-hour basis for victims of human
trafficking, including any person who is a victim under Section 236.1.
(c) Nothing in this section shall apply to confidential communications between an
attorney and his or her client.

Evidence Code (EC) §1038.2 – Definitions (relating to human trafficking)

(a) As used in this article, “victim” means any person who is a “trafficking victim”
as defined in Section 236.1.
(b) As used in this article, “human trafficking caseworker” means any of the following:
(1) A person who is employed by any organization providing the programs specified in
Section 18294 of the Welfare and Institutions Code, whether financially
compensated or not, for the purpose of rendering advice or assistance to victims
of human trafficking, who has received specialized training in the counseling of
human trafficking victims, and who meets one of the following requirements:

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 Appendix 1 – Additional Statutes and Cases

(A) Has a master’s degree in counseling or a related field; or has one year of
counseling experience, at least six months of which is in the counseling of
human trafficking victims.
(B) Has at least 40 hours of training as specified in this paragraph and is
supervised by an individual who qualifies as a counselor under
subparagraph (A), or is a psychotherapist, as defined in Section 1010.
The training, supervised by a person qualified under subparagraph (A), shall
include, but need not be limited to, the following areas: history of human
trafficking, civil and criminal law as it relates to human trafficking, societal
attitudes towards human trafficking, peer counseling techniques, housing,
public assistance and other financial resources available to meet the
financial needs of human trafficking victims, and referral services available
to human trafficking victims. A portion of this training must include an
explanation of privileged communication.
(2) A person who is employed by any organization providing the programs specified in
Section 13835.2 of the Penal Code, whether financially compensated or not, for the
purpose of counseling and assisting human trafficking victims, and who meets one
of the following requirements:
(A) Is a psychotherapist as defined in Section 1010, has a master’s degree in
counseling or a related field, or has one year of counseling experience, at
least six months of which is in rape assault counseling.
(B) Has the minimum training for human trafficking counseling required by
guidelines established by the employing agency pursuant to subdivision (c)
of Section 13835.10 of the Penal Code, and is supervised by an individual
who qualifies as a counselor under subparagraph (A). The training,
supervised by a person qualified under subparagraph (A), shall include, but
not be limited to, law, victimology, counseling techniques, client and system
advocacy, and referral services. A portion of this training must include an
explanation of privileged communication.
(c) As used in this article, “confidential communication” means information transmitted
between the victim and the caseworker in the course of their relationship and
in confidence by a means which, so far as the victim is aware, discloses the
information to no third persons other than those who are present to further the
interests of the victim in the consultation or those to whom disclosures are
reasonably necessary for the transmission of the information or accomplishment
of the purposes for which the human trafficking counselor is consulted. It includes
all information regarding the facts and circumstances involving all incidences of
human trafficking.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

(d) As used in this article, “holder of the privilege” means the victim when he or she
has no guardian or conservator, or a guardian or conservator of the victim when
the victim has a guardian or conservator.

Civil Code (CC) §52.5 – Civil action for damages to victims of human trafficking
(a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code,
may bring a civil action for actual damages, compensatory damages, punitive
damages, injunctive relief, any combination of those, or any other appropriate
relief. A prevailing plaintiff may also be awarded attorney’s fees
and costs.
(b) In addition to the remedies specified herein, in any action under subdivision (a),
the plaintiff may be awarded up to three times his or her actual damages or ten
thousand dollars ($10,000), whichever is greater. In addition, punitive damages
may also be awarded upon proof of the defendant’s malice, oppression, fraud,
or duress in committing the act of human trafficking.
(c) An action brought pursuant to this section shall be commenced within five years
of the date on which the trafficking victim was freed from the trafficking situation,
or if the victim was a minor when the act of human trafficking against the victim
occurred, within eight years after the date the plaintiff attains the age of majority.
(d) If a person entitled to sue is under a disability at the time the cause of action
accrues, so that it is impossible or impracticable for him or her to bring an action,
then the time of the disability is not part of the time limited for the commencement
of the action. Disability will toll the running of the statute of limitation for this action.
(1) Disability includes being a minor, insanity, imprisonment, or other incapacity or
incompetence.
(2) The statute of limitations shall not run against an incompetent or minor plaintiff
simply because a guardian ad litem has been appointed. A guardian ad litem’s
failure to bring a plaintiff’s action within the applicable limitation period will not
prejudice the plaintiff’s right to do so after his or her disability ceases.
(3) A defendant is estopped to assert a defense of the statute of limitations when the
expiration of the statute is due to conduct by the defendant inducing the plaintiff
to delay the filing of the action, or due to threats made by the defendant causing
duress upon the plaintiff.
(4) The suspension of the statute of limitations due to disability, lack of knowledge, or
estoppel applies to all other related claims arising out of the trafficking situation.

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 Appendix 1 – Additional Statutes and Cases

(5) The running of the statute of limitations is postponed during the pendency of any
criminal proceedings against the victim.
(e) The running of the statute of limitations may be suspended where a person
entitled to sue could not have reasonably discovered the cause of action due
to circumstances resulting from the trafficking situation, such as psychological
trauma, cultural and linguistic isolation, and the inability to access services.
(f) A prevailing plaintiff may also be awarded reasonable attorney’s fees and
litigation costs including, but not limited to, expert witness fees and expenses
as part of the costs.
(g) Any restitution paid by the defendant to the victim shall be credited against any
judgment, award, or settlement obtained pursuant to this section. Any judgment,
award, or settlement obtained pursuant to an action under this section shall be
subject to the provisions of Section 13963 of the Government Code.
(h) Any civil action filed under this section shall be stayed during the pendency of
any criminal action arising out of the same occurrence in which the claimant is
the victim. As used in this section, a “criminal action” includes investigation and
prosecution, and is pending until a final adjudication in the trial court, or dismissal.

Government Code (GC) §13956(b) (3) – Victims of human trafficking eligible for assistance
from state restitution fund
(3) An application for a claim based on human trafficking as defined in Section 236.1
of the Penal Code may not be denied solely because no police report was made
by the victim. The board shall adopt guidelines that allow the board to consider
and approve applications for assistance based on human trafficking relying upon
evidence other than a police report to establish that a human trafficking crime
as defined in Section 236.1 has occurred. That evidence may include any reliable
corroborating information approved by the board, including, but not limited to, the
following:
(A) A Law Enforcement Agency Endorsement issued pursuant to Section 236.2
of the Penal Code.
(B) A human trafficking caseworker as identified in Section 1038.2 of the
Evidence Code has attested by affidavit that the individual was a victim of
human trafficking.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

Penal Code (PC) §1202.4(q) – Restitution to victims of human trafficking by defendant

(q) Upon conviction for a violation of Section 236.1, the court shall, in addition to any
other penalty or restitution, order the defendant to pay restitution to the victim
in any case in which a victim has suffered economic loss as a result of the
defendant’s conduct. The court shall require that the defendant make restitution to
the victim or victims in an amount established by court order, based on the amount
of loss claimed by the victim or victims or any other showing to the court. In
determining restitution pursuant to this section, the court shall base its order upon
the greater of the following: the gross value of the victim’s labor or services based
upon the comparable value of similar services in the labor market in which the
offense occurred, or the value of the victim’s labor as guaranteed under California
law, or the actual income derived by the defendant from the victim’s labor or
services or any other appropriate means to provide reparations to the victim.

California Case Law:

case law

Because the Human Trafficking statutes are so new, there are no cases on them. However,
there are some cases based on violations of CA Penal Codes 181 (slavery; infringement of
personal liberty; purchase of custody), 266h (pimping and pimping a minor), and 266i
(pandering and pandering with a minor).

While these cases do not deal with human or sex trafficking, the rulings may have been
applicable to trafficking cases before California’s new laws on trafficking.

A father who offered to give his daughter to a family, if they gave him $90,000, was charged
and convicted under Penal Code (PC) §181. People v. Daniel (1987) 195 Cal.App.3d 623.
Evidence that defendant repeatedly approached child’s mother and asked mother to give
or sell child to him and that defendant was frightening and was clearly referring to child was
sufficient to allow rational trier of fact to find defendant guilty of attempting to buy a person
beyond reasonable doubt. People v. Delvalle (1994) 26 Cal.App.4th 869.

“Pandering” is established when evidence shows that accused has succeeded in inducing
his victim to become an inmate of a house of prostitution. People v. Charles (1963) 218 Cal.
App.2d 812. Procuring a female to become an inmate of house of prostitution with or without
her consent is violation of Section 266i. People v. Cimar (1932) 127 Cal.App. 9. “Pandering”
is not limited to procurement of a place in a house of prostitution in the literal sense of that
phrase and may encompass any place where prostitution is allowed or encouraged. People v.
Hobson (1967) 255 Cal.App.2d 557. In prosecution for pandering, a woman who is induced or
procured to become inmate of house of ill fame is not accomplice. People v. Frey (1964) 228
Cal.App.2d 33.

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 Appendix 1 – Additional Statutes and Cases

Federal Statutory Law:

Title 22, U.S. Code §7101-7112 – Trafficking Victims Protection Act
Title 18, U.S. Code §1584 – Sale into involuntary servitude
Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of
involuntary servitude, any other person for any term, or brings within the United States any
person so held, shall be fined under this title or imprisoned not more than 20 years, or both.
If death results from the violation of this section, or if the violation includes kidnapping or
an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual
abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any
term of years or life, or both.

Title 18, U.S. C.ode §1589 – Forced labor

Whoever knowingly provides or obtains the labor or services of a person--

(1) by threats of serious harm to, or physical restraint against, that person or another
person;
(2) by means of any scheme, plan, or pattern intended to cause the person to believe
that, if the person did not perform such labor or services, that person or another
person would suffer serious harm or physical restraint; or
(3) by means of the abuse or threatened abuse of law or the legal process, shall be
fined under this title or imprisoned not more than 20 years, or both. If death results
from the violation of this section, or if the violation includes kidnapping or an
attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated
sexual abuse, or an attempt to kill, the defendant shall be fined under this title or
imprisoned for any term of years or life, or both.

Title 18, U.S. Code §1590 – Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any
person for labor or services in violation of this chapter shall be fined under this title or
imprisoned not more than 20 years, or both. If death results from the violation of this section,
or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or
the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be
fined under this title or imprisoned for any term of years or life, or both.

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POST GUIDELINES ON LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING

Title 18, U.S. Code §1591 – Sex trafficking of children or by force, fraud, or coercion
(a) Whoever knowingly--
(1) in or affecting interstate or foreign commerce, or within the special maritime and
territorial jurisdiction of the United States, recruits, entices, harbors, transports,
provides, or obtains by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a
venture which has engaged in an act described in violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2) will be used
to cause the person to engage in a commercial sex act, or that the person has not
attained the age of 18 years and will be caused to engage in a commercial sex
act, shall be punished as provided in subsection (b).
(b) The punishment for an offense under subsection (a) is--
(1) if the offense was effected by force, fraud, or coercion or if the person recruited,
enticed, harbored, transported, provided, or obtained had not attained the age of
14 years at the time of such offense, by a fine under this title or imprisonment for
any term of years or for life, or both; or
(2) if the offense was not so effected, and the person recruited, enticed, harbored,
transported, provided, or obtained had attained the age of 14 years but had not
attained the age of 18 years at the time of such offense, by a fine under this title or
imprisonment for not more than 40 years, or both.
(c) In this section:
(1) The term “commercial sex act” means any sex act, on account of which anything
of value is given to or received by any person.
(2) The term “coercion” means--
(A) threats of serious harm to or physical restraint against any person;
(B) any 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; or
(C) the abuse or threatened abuse of law or the legal process.
(3) The term “venture” means any group of two or more individuals associated in fact,
whether or not a legal entity.

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 Appendix 1 – Additional Statutes and Cases

Federal Case Law:

U.S. v. Gasanova, 332 F.3d 297 (5th Cir. 2003)
case law

The Gasanovas illegally brought three Uzbekistani women to the United States to dance
topless in El Paso, Texas. The women had been promised modeling careers after each
raised $300,000 from topless dancing. They lived with the Gasanovas and turned over all
their earnings to them. Between 1998 and 2001 the Gasanovas collected over $500,000 from
the women, the vast majority of which the Gasanovas kept for themselves. The Gasanovas
also retained and refused to return two of the women’s visas and passports (along with other
identifying documents). The Gasanovas were convicted of conspiracy to commit document
fraud, conspiracy to harbor illegal aliens, and bringing illegal aliens into the United States
for purpose of financial gain. Each was sentenced to 60 months imprisonment and to make
restitution and to forfeit a residence and two vehicles.

U.S. v. Reddy
In March of 2001, Lakireddy Bali Reddy, a landlord in Berkeley, California, pleaded guilty
to trafficking women into the United States and placing them into sexual servitude. An
expanded investigation revealed that Reddy and certain family members conspired to bring at
least 25 Indian laborers into the United States by conspiring to commit immigration fraud.
website www.usdoj.gov/opa/pr/2001/March/126cr.htm

United States v. Carreto (Convicted 4/5/05, E.D. New York)

On April 5, 2005, Josue Flores Carreto, Gerardo Flores Carreto, and Daniel Perez Alonso
pleaded guilty to 27 counts of an indictment that charged them with various crimes relating to
their involvement with the Carreto family sex trafficking ring. They admitted that between 1991
and 2004 they recruited young women from Mexico, smuggled them into the United States,
and forced them into prostitution in brothels in the New York City area. The defendants
also repeatedly physically and emotionally abused the women. They each face a maximum
sentence of life imprisonment and a fine of $250,000 for each count. Three other co-
defendants pleaded guilty to charges related to the trafficking ring during earlier proceedings
and two are being held in prison in Mexico on Mexican federal charges; they also face
extradition to the United States to stand trial on US federal charges.
website www.blogs.findlaw.com/second_circuit/2009/10/us-v-carreto-no-06-2295.html

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United States v. Rojas

(Indicted 1/28/04, convicted 4/2004 & 8/27/04, sentenced 11/23/04, N.D. Georgia)
Juan, Jose, and Raul Reyes Rojas were indicted January 28, 2004, on numerous charges
including conspiracy, sex trafficking, importing and harboring aliens for the purpose of
prostitution, alien smuggling, and interstate transportation of illegal aliens. They lured women
from Mexico to the United States with promises of legitimate employment and long-term
relationships. Once the victims, at least one of whom was a minor, reached the Atlanta area, the
defendants forced them to have sex with numerous men every night through the use of physical
violence, threats, and psychological coercion. Both Jose and Juan Rojas pleaded guilty; Jose
was sentenced to almost five years (57 months) in prison and three years supervised release
and Juan was sentenced to almost six years (71 months) in prison and three years supervised
release. Raul remains a fugitive.
website https://www.unodc.org/cld/case-law-doc/traffickingpersonscrimetype/usa/united_
states_v._juan_reyes_rojas.html

United States v. Jimenez-Calderon

(Indicted 9/26/02, sentenced 8/7/03 & 5/4/04, D. New Jersey)
On August 7, 2003, Librada and Antonia Jimenez-Calderon were sentenced to over 17½ years
(210 months) in prison for conspiracy and sex trafficking. In May 2004, they also were ordered
to pay a total of $135,240 to four of their victims. The two women pled guilty to luring young
Mexican girls, between the ages of 14 and 18, to the United States with promises of legitimate
jobs. Upon arriving in Plainfield, New Jersey, however, the girls were confined to a brothel and
forced to submit to acts of prostitution six to eight times each day for $35 per act. They were not
allowed to leave the house or speak to each other and were subjected to threats of harm, force,
and psychological coercion. Their accomplices — Sergio Farfan, Angel Ruiz, Pedro Garcia
Burgos, and Maritzana Diaz Lopez — were charged with various crimes, including obstruction
of justice and sex trafficking. Librada and Antonia Jimenez-Calderon’s two brothers, Delfino and
Luis Jimenez-Calderon, are still at large and considered fugitives.
website www.justice.gov/archive/opa/pr/2004/May/04_crt_303.htm

Labor Trafficking

United States v. Lee

(Convicted 2/21/03, sentenced 6/23/05, D. Hawaii)
In the largest human trafficking case prosecuted through June 2005, Kil Soo Lee, owner of a
garment factory in American Samoa, was found guilty of involuntary servitude, extortion and
money laundering. From March 1999 through November 2000, Lee and other factory managers

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recruited over 200 workers from China and Vietnam who were willing to pay fees to gain
employment in Lee’s factory. Once in American Samoa, however, the victims were threatened
with arrests, deportations, food deprivation, and beatings in order to force them to work. The
defendants also confined the trafficked individuals to a fenced-in compound. Lee was the
third and final person convicted in connection with this case and was sentenced to 40 years
in prison. In 2002, a manager and a garment worker at the factory pleaded guilty to trafficking
and were sentenced to nearly 6 years (70 months) and more than 4 years
(51 months) in prison, respectively.
website www.usdoj.gov/opa/pr/2005/June/05_crt_335.htm

United States v. Blackwell and Blackwell

(Convicted 6/9/03, D. Md.)
Barbara Coleman-Blackwell and Kenneth Blackwell were convicted of smuggling a woman
from Ghana to the United States, and forcing her to work as a domestic servant and nanny,
with little or no pay. In order to keep her in this position, the defendants hid her passport
and threatened her with deportation and imprisonment. Barbara Coleman-Blackwell was
sentenced to more than four years (63 months) of incarceration and Kenneth Blackwell to
supervised release for three years. Grace Coleman, Coleman-Blackwell’s mother, who is
a member of the Ghanaian Parliament, faces similar charges and extradition to the United
States for aiding the Blackwells.

Sexual Violence in the Context of Labor Trafficking

United States v. Udeozor
(Indicted 11/12/03, Convicted 11/18/04, D. Md.)
On November 12, 2003, a Germantown, Maryland couple — Adaobi Stella Udeozor and
George Chidebe Udeozor — were indicted on counts of conspiracy, involuntary servitude, and
harboring an alien for financial gain. From September 1996 to October 2001, the couple held
a 14-year-old Nigerian girl in involuntary servitude, forcing her to work for little or no pay,
and also physically and sexually assaulting her. The indictment alleged that the couple had
promised the girl that she would be paid and allowed to attend school. Both defendants face
maximum penalties of 20 years imprisonment, a three year term of supervised release and
a $250,000 fine. As of November 19, 2004, George Udeozor was a fugitive in Nigeria and
Adaobi Udeozor had been convicted of conspiracy and harboring an alien for financial gain.
website www.usdoj.gov/opa/pr/2004/November/04_crt_759.htm

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United States v. Soto-Huarto

(indicted 07/31/03, sentenced 1/29/04 & 1/30/04, S.D. Tex.)
Seven men were sentenced to a combined 51 years in prison on trafficking and forced
servitude crimes. Juan Carlos Soto, the ringleader, was sentenced to 23 years in prison —
the longest sentence ever handed out under TVPA up to that point. Arrested in March and
April 2003, the men trafficked four women from Guatemala, Honduras, and El Salvador, who
had agreed to pay $5000 to be smuggled into the United States. Once they arrived here,
however, the women were confined in “safe houses,” where they were forced to cook, clean,
and do housework without pay. In addition, they were repeatedly raped by the defendants,
who were charged and convicted on federal civil rights violations, extortion, hostage-taking,
immigration offenses, involuntary servitude, and human trafficking.
website www.justice.gov/opa/pr/2004/January/04_crt_054.htm

United States v. Tecum

(Sentenced 2/01, D. Fla.)
Jose Tecum is currently serving a nine-year prison sentence for trafficking a Guatemalan
teenager into South Florida, through Mexico and Arizona, where he forced her to perform
manual farm labor during the day and sexual acts for him at night. Tecum raped and
kidnapped this young woman, then smuggled her into the United States, where he held her
in servitude through sexual violence, psychological coercion, cultural isolation, and financial
dependence. He was convicted of kidnapping, immigration violations, slavery, and conspiracy
to manufacture false documents. This woman was one of the first human trafficking victims
granted a T-visa under TVPA.
website www.usdoj.gov/opa/pr/2001/March/126cr.htm

The following cases are from the US DOJ Anti-Trafficking News Bulletin; Volume 2, Issue 2,
August 2005.
website www.usdoj.gov/crt/crim/trafficking_newsletter/antitraffnews_aug05.pdf

United States v. Mubang (Sentenced 2004, D. Md.)

In November 2004, a federal jury in Greenbelt, Maryland, convicted Theresa Mubang of
holding Evelyn Chumbow, a young woman originally from Cameroon, West Africa, in
involuntary servitude and of harboring her for commercial gain. Mubang had convinced
Chumbow’s relatives to send the eleven-year old from Cameroon to the U.S. with her by
promising an American education and better life. Instead, Mubang forced Chumbow to cook,
clean, and care for her two young children twenty-four hours a day, seven days a week.

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 Appendix 1 – Additional Statutes and Cases

Mubang forced Chumbow to perform these duties by cutting her off from family and friends
and by mentally and physically abusing her. Almost two years after arriving in the U.S.,
Chumbow escaped Mubang’s home when Mubang was out of town. Mubang fled the U.S. to
Cameroon. However, she was arrested in Cameroon and expelled back to the U.S. to serve
her seventeen and half year prison sentence.

United States v. Babaev (Sentenced 2005, E.D.N.Y.)

On July 27, 2005, in Brooklyn, New York, Alex Babaev pled guilty to the sex trafficking of
Azerbaijani women. At his plea hearing, Babaev admitted that between March 2003 and
March 2004, he was involved in bringing women into the U.S. from Azerbaijan to work as
prostitutes. He also admitted that he used threats of, and actual, violence against the victims
to secure their services.

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 APPENDIX 2

other resources

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 Appendix 2 – Other Resources

HUMAN TRAFFICKING RESOURCES

California District Attorneys Association – Violence Against Women

Education Project
phone 916.443.2017
fax 916.443.0540
website https://www.cdaa.org/?s=vawa+education

Commission on Peace Officer Standards and Training (POST)

For law enforcement training programs and materials, which are available, including a
training DVD entitled Human Trafficking: Identify and Respond
phone 916.227.3909
fax 916.227.3895
website www.post.ca.gov

Fighting Human Trafficking – California Department of Justice

To report a human trafficking situation to law enforcement or to obtain information about
services for trafficked persons
phone 888.373.7888
website http://oag.ca.gov/human-trafficking/fighting

California Witness Relocation and Assistance Program

phone 916.319.9603
email [email protected]
website http://oag.ca.gov/witness-protection

National Criminal Justice Reference Service

For general information, legislation, programs, training, grants and funding, and
resources on trafficking in persons
website www.ncjrs.gov/spotlight/trafficking/Summary.html

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U.S. Department of Justice

For general information on human trafficking and links to reports on human trafficking
Trafficking in Persons and Worker Exploitation Task Force
phone 888.428.7581
website http://www.justice.gov/usao/ian/htrt/htrt_report.html

U.S. Department of Health and Human Services – Refugee Resettlement

The Campaign to Rescue and Restore Victims of Human Trafficking
website www.acf.hhs.gov/trafficking/
Certification for Victims of Trafficking
phone 888.373.7888

U.S. Department of State

For general information and links to the U.S. Trafficking in Persons Report released
each year
email (on website)
website www.state.gov/g/tip/

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 Appendix 2 – Other Resources

Resources for Victims

Coalition to Abolish Slavery & Trafficking

Provides shelter and legal services for victims of trafficking
address 5042 Wilshire Blvd. #586, Los Angeles, CA 90036
phone 213.365.1906
fax 213.365.5257
email [email protected]
website www.castla.org

Bilateral Safety Corridor Coalition

Provides a 24-hour emergency response team for victims of human trafficking
24-hour hotline 619.666.2757
phone 619.336.0770
fax 619.336.0791
email [email protected]
website www.bsccoalition.org

Asian Pacific Islander (API) Legal Outreach

Provides legal representation to victims of human trafficking
address 1188 Franklin Street, Suite 202, San Francisco, CA 94109
phone 415.567.6255
fax 415.567.6248
email [email protected]
website www.apilegaloutreach.org/trafficking.html

Legal Aid Foundation of Los Angeles

Provides legal assistance for victims of human trafficking
address 5228 East Whittier Blvd., Los Angeles, CA 90022
phone 800.399.4529
website www.lafla.org

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The Cambodian Family Services

address 1606 E. 4th Street, Santa Ana, CA 92701
phone 714.571.1966
website http://Cambodianfamily.org

Catholic Legal Immigration Network, Inc.

address 405 Fourteenth Street, Suite 1201, Oakland, CA 94612
phone 510.272.2730
website http://cliniclegal.org

National Immigration Law Center

address 3435 Wilshire Blvd, Suite 2850, Los Angeles, CA 90010
phone 213.639.3900
fax 510.663.2028
website http://www.nilc.org/

T-Visa Application Process

The T-visa is for victims of trafficking who cooperate with law enforcement in
apprehending and prosecuting the traffickers; link to instructions on applying
website www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/
victims-human-trafficking-t-nonimmigrant-status

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