Proposition 35

Topics: Human trafficking, Prostitution, Sex crimes Pages: 3 (851 words) Published: November 9, 2013

Voters in California sent a clear and strong message to human traffickers and their victims when they elected to impose severe sentences on those convicted of the crime on the November 6, 2012 ballot. 81.1 percent of voters approved of Proposition 35, Human Trafficking. Penalties. Initiative Statute, which intended to bring state human trafficking laws up to par with federal laws. Under federal law, a convicted sex trafficker receives a sentence of 15 years to life in prison, whereas under California law the same crime receives a sentence up to 8 years. The Federal Trafficking Victims Protection Act generally defines two types of human trafficking: Sex Trafficking and Labor Trafficking. Federal law punishes human trafficking of adults undertaken for the purpose of providing a commercial sex when it is induced by force or fraud. It also punishes trafficking by force or fraud to provide labor or other services, forcing an undocumented immigrant to work for free under threat of deportation, for example. State law contains similar criminal prohibitions against human trafficking, but in California, the burden of proof for sex trafficking of minors is the same as for adults, which is inconsistent with federal legislation (caseact.org). In addition to current definitions in state law of human trafficking for the purpose of inducing commercial sexual acts or forced labor, Proposition 35 defines crimes related to the creation and distribution of obscene materials with minors as a form of trafficking, including duplicating or selling such materials. Persons convicted of any form of sex trafficking would have to register as sex offenders to provide the names of their internet providers and identifiers such as email addresses, user names and screen names to local law enforcement. Proposition 35 also increases the penalties associated with sex and labor trafficking of an adult from 5years to 12 years for labor trafficking or 20 years for sex trafficking, and increases the...
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