When many people think of human trafficking, they automatically think of sex trafficking. While it is true that sex trafficking is a big problem, human trafficking isn’t always about sex, sometimes it’s about labor.

Recently, a woman in the Chicago suburbs pled guilty to labor trafficking. She helped several people from Central America to enter the country, but once they were there, they had to stay and work in her home until the debt to get them here was paid.

When human trafficking occurs, victims lose the chance to pursue the possibilities their lives promise, which is why it’s taken so seriously. Here’s what you need to know about human trafficking in Illinois – what it is and what penalties you can face if found guilty.

Human Trafficking Defined

Human trafficking is defined as the use of fraud, coercion, or force to obtain some type of commercial sex act or labor from a person. Traffickers use different tactics to lure in victims and force them into exploitation.

There are two main types of human trafficking: sex trafficking and labor trafficking. Sex trafficking is considered under the law in Illinois to be any sex act in exchange for something of value, such as money, clothing, drugs, food, or shelter.

Labor trafficking is the exploitation of someone for services or labor through force, coercion, or fraud. Often, labor trafficking victims are forced to perform domestic servant duties, restaurant work, factory work, or agricultural work.

Where Human Trafficking Occurs in Illinois

Sex and labor trafficking happen in various places across the state. It’s common to find those forced into sex trafficking in hotel commercial sex setups, escort services, online ads, and massage businesses.

For labor trafficking, most victims are found doing domestic work, working in traveling sales crews, or in begging rings across the state.

Those who traffic humans run the gamut. Family members, significant others, peers, pimps, and those who prey upon those who are financially and emotionally vulnerable, such as illegal immigrants or children in foster care.

They emotionally manipulate and fool the victims with promises of providing their basic needs for them but not allowing them the freedom to leave.

Penalties for Human Trafficking in Illinois

Human trafficking is often charged as a Class 1 felony. This can put someone behind bars in state prison for up to 15 years if found guilty. However, there are aggravating factors that can play a role.

If the victims have been kidnapped, sexual assault has been perpetrated, or first-degree murder attempted in the process of human trafficking, then it is a Class X felony in Illinois. That can double the prison sentence of someone found guilty.

You can also be charged with a Class X felony if there was any bodily injury to the victim, the victim was held for longer than six months, or there were more than 10 victims.

Those found guilty may also be required to pay the victims restitution. This is generally the amount of money the victim would have been paid for their labor.

The total often includes amounts consistent with minimum wage laws as well as overtime laws or the gross income of the services provided by the victim – whichever amount is greater.

Human trafficking is a serious charge and is treated very seriously in Illinois. If you are charged with this crime, it’s important to understand the charges against you as well as your own rights.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In 2015, the Illinois’ Cook County Sheriff’s Department launched a nationwide sex-trafficking string operation that comprised of 70 jurisdictions in 17 states, including Illinois, Arizona, and Nevada. This year’s installment is the largest thus far since the operation first started in 2011.

[clickToTweet tweet=”At the beginning of the month, operation officials arrested 570 sex buyers and 23 sex traffickers around the country.” quote=”At the beginning of the month, operation officials arrested 570 sex buyers and 23 sex traffickers around the country.”] Officials also recovered 54 women and 14 juvenile sex-trafficking victims nationwide, taking them into custody mental with health, drug abuse, and domestic abuse rehabilitation services.

Many of these sex-trafficking and involuntary servitude crimes were discovered on classified ad sites such as Backpage.com and Craigslist. Sex traffickers and pimps often use such sites to advertise sexual services, and reports have found that thousands of victims are sold into sexual slavery on online outlets each month.

“Sex trafficking continues to destroy countless lives, and this broad national movement should send a strong message to prospective johns that their ‘hobby’ is much more than a ‘victimless’ crime,” Cook County Sherriff Tom Dart explained to reporters from The Huffington Post.

Human Trafficking and Involuntary Servitude in Illinois

As the problem of human-trafficking and involuntary servitude crimes gain nationwide attention, Illinois is cracking down on offenders of these types of crimes. Law enforcement officials are focusing much of their attention on sites like Backpage and Craigslist, using these websites to monitor human trafficking and involuntary servitude in Illinois. In 2005, our state passed one of the strictest laws on human trafficking in the country—the Trafficking of Persons and Involuntary Servitude Act of Illinois—which places severe penalties on those accused to this crime and tends to favor the side of protecting presumed victims.

In Illinois, there are a variety of different ways you can be charged with involuntary servitude or human trafficking. These types of charges typically fall under three different categories:

Involuntary servitude. Involuntary servitude occurs when someone uses physical harm, threats, or other forms of abuse to coerce another person to perform labor or services.

Involuntary sexual servitude of a minor. When someone coerces or forces a minor into commercial sexual activity, this may constitute involuntary servitude of a minor.

Trafficking in persons for forced labor or services. If you knowingly participate or profit from a business venture that involves involuntary servitude, you could be found guilty of trafficking in persons for forced labor or services.

Many different types of behaviors can fall under the umbrella of these three categories. Some of the behaviors that could land you with an involuntary servitude or human trafficking charges include:

• Using a site such as Backpage or Craigslist to request sexual services
• Using a site such as Backpage or Craigslist to advertise sexual services
• Involving minors in commercial sexual acts
• Using threats or physical harm to coerce a domestic worker to engage in sexual activity
• Exploiting an employee or worker who has been made vulnerable by poverty, political conflict, or crime
• Forcing another person to work to pay off their debt
• Associating or profiting from a trafficking crime

Facing an Involuntary Servitude or Human Trafficking Charge in Illinois

As our state tries to combat our grave human trafficking problem, it’s doling out serious penalties to those found guilty of human trafficking or involuntary servitude crimes. If you are charged with this type of crime, you are in a tight spot. In these types of cases, the law tends to err towards protecting the rights of the alleged victims. The odds of conviction are great, regardless of whether or not you committed the crime. That means if an unhappy employee or jealous ex-partner decides to falsely accuse you of this type of crime, you could go to prison for a long time. If you use sites like Backpage and Craigslist to meet someone, you could be charged with sex trafficking even if you weren’t aware that you were arranging to meet a prostitute.

If you have been charged with involuntary servitude or human trafficking in Illinois, it’s highly advisable to seek legal representation from a top criminal defense lawyer with experience in defending these types of crimes. You are being charged with a serious crime with serious penalties, and it is unwise to try to fight it alone. You need a seasoned lawyer in your corner, a skilled and aggressive attorney who understands the criminal justice system and the unique nuances of this type of crime. With the help of a knowledgeable criminal lawyer, you can work to ensure the best possible outcome for your case and keep this charge from impacting your freedom and future.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.