Trafficking of a child is an aggravated felony. Contact our top criminal defense attorneys for help: (414) 270-0202
At Van Severen Law Office our entire focus is on defending individuals accused of violating crimes throughout Wisconsin. Frequently we defend individuals involving charges like trafficking of a child. Cases like this generally involve the sensitive issues surrounding both sexual assault charges, and charges involving children. If you, a friend, or a family member is charged with a trafficking offense, contact one of our defense attorneys immediately.
Trafficking of a child is a Class C felony. That means the maximum term of punishment for this offense is 40 years in prison (Wis. Stat. sec. 939.50). That charge breaks down into 25 years initial confinement and 15 years extended supervision. Obviously these aggravated penalties show exactly how serious prosecutors consider these offenses.
And for that reason, you should hire a defense attorney just as serious. Our speciality is criminal defense. That’s all we do. To get started fighting your charges, contact Van Severen Law Office at (414) 270-0202.
What is trafficking of a child?
Section 948.051 of the Wisconsin Statutes defines trafficking of a child. The law provides:
(1) Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts…
(2) Whoever benefits in any manner from a violation of sub. (1)
is guilty of a Class C felony if the person knows that the benefits come from an act described in sub. (1)
Section 940.302(1)(a) of the Wisconsin Statutes
defines commercial sex act
. The term refers to sexual contact or sexual intercourse. It also includes sexually explicit performances, sexual humiliation, degradation, arousal, or gratification.
Finally, subsection (2) of the statute clarifies liability for trafficking of a child cases. The individual directly trafficking children is liable for the offense, but everyone else benefitting in any manner is also guilty. The structure of this law enables prosecutors to charge anyone connected to the trafficking operation.
Thirdly, what are the elements of the offense?
All crimes in Wisconsin have elements. An element is a part of the offense. Certainly prosecutors must prove all elements beyond a reasonable doubt, or you cannot be found guilty of the offense. Finally, Wisconsin Jury Instruction Criminal 2124 provides the three elements of this offense:
- Firstly, the defendant knowingly recruited, enticed, provided, obtained, harbored, transported, patronized, solicited, or attempted to do one of those things to a child; and
- Secondly, The child was under 18 years old; and
- Thirdly, the defendant committed one of the acts with the child for the purpose of commercial sex acts.
Like many other sex crimes involving children, knowledge of the child’s age isn’t required to show the office occurred. Additionally, mistake regarding the child’s age isn’t a defense either.
How do we win my trafficking of a child case?
Certainly all cases are different. Even if you’re facing the same charge as someone else, your case is different. The facts are different. And the motions are certainly different.
That being said, there are a few things we always analyze when defending a case. Sex charges, or trafficking charges could involve some sort of mental health issues with the victim. Do those issues make it less likely you’re guilty? We might file what’s called a Shiffra/Green motion in an attempt to dig through those records.
Did you give a statement to police? (You shouldn’t.) If you did, does that statement hurt you? Will it be used against you at trial? If so, we’ll want to check whether police properly administered your Miranda rights. If they screwed up, that statement certainly shouldn’t be used against you. We’ll file a motion challenging that. If not, was the confession false?
Finally, did police execute a search warrant on your home? In the affidavit in support of that search warrant, police were required to show that there is probable cause to believe there will be evidence of a crime where they’re searching. If they failed to do that, we’ll file a motion challenging the search. If that motion is successful, the court will suppress for use at trial the evidence.
Finally, contact the criminal defense attorneys at Van Severen Law Office: (414) 270-0202
Trafficking of a child cases are among the most serious in Wisconsin. Class C felony penalties are incredibly serious. 40 years in prison is certainly a lifetime.
The criminal defense attorneys at Van Severen Law Office are experts. We specialize in defending criminal cases, especially sex charges and charges involving children. We’re familiar with the complex legal motions necessary to achieve the best result in your case.
To start fighting alongside one of our criminal defense attorneys, contact Van Severen Law Office immediately. We answer phone calls 24/7 at (414) 270-0202. Let’s start fighting today.