Human trafficking involves exploiting individuals through forced labor or sexual activities. The offense carries severe legal consequences upon conviction in Nebraska. Below, Liberty Law Group covers what human trafficking means in Nebraska, including the penalties, defenses to charges, and the way that defense lawyers can help those who are criminally charged.
Omaha Human Trafficking Defense Lawyer
Our attorneys at Liberty Law Group excels in navigating intricate human trafficking cases. Backed by a history of success, our expert legal team specializes in human rights law, offering comprehensive representation for individuals facing trafficking charges. Our strategic defense approach ensures a rigorous defense, safeguarding the rights of clients with diligence and integrity.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pattawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Human Trafficking, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
- How Nebraska defines Human Trafficking
- How Nebraska prosecutes Human Trafficking
- How lawyers can defend against Human Trafficking charges
- How lawyers can help clients charged with Human Trafficking
- Additional Resources
What is Human Trafficking in Nebraska?
According to Nebraska Revised Statutes 28-830 and 28-831, human trafficking could mean several activities aimed at exploiting individuals through forced labor or sexual activities. Some of the key instances of human trafficking are contained below.
- Commercial Sexual Activity: This term is used to describe any sexual act where something of value is exchanged.
- Debt Bondage: This is a form of human trafficking where a person is compelled to work to pay off a debt. However, the conditions are often manipulative: either the value of the work is not fairly applied towards the debt, or the terms of the work are unclear or excessively harsh.
- Financial Harm: Financial harm, including practices like extortion, is often used as a method of control in human trafficking. This can include threats of significant financial consequences to force victims to comply.
- Forced Labor or Services: This can include work obtained through threats of serious injury, physical restraint, or financial coercion.
- Labor Trafficking: This involves the recruitment, harboring, transportation, or obtaining of an adult for forced labor. It is a form of exploitation where individuals are made to work through coercion or manipulation.
- Labor Trafficking of a Minor: This is similar to labor trafficking but specifically involves individuals under eighteen years of age.
- Sex Trafficking: This involves the recruitment, transportation, or procurement of an adult for commercial sexual activities, performances, or pornography without consent.
- Sex Trafficking of a Minor: Like sex trafficking of adults but specifically targets individuals under the age of eighteen.
- Sexually Explicit Performance: These performances are defined as live or public acts intended to arouse or satisfy sexual desires.
- Trafficking Victim: A person subjected to any of the prohibited acts under Nebraska law, which includes both labor and sex trafficking.
- Actor: In the context of human trafficking, an actor refers to a person who solicits, procures, or supervises the services or labor of another person. This includes the operation of trafficking networks.
What are the Penalties for Human Trafficking in Nebraska?
In Nebraska, the most severe penalty under Nebraska law for human trafficking involves cases where a minor is trafficked for labor or sexual purposes. Those offenses are classified as Class IB felonies, with a penalty range of 20 years to life in prison.
When an adult is trafficked for labor or sexual purposes, the offense is classified as a Class II felony. The penalty for this classification is significant, ranging from 1 to 50 years in prison.
Individuals who benefit from trafficking (excluding victims) are charged with a Class IIA felony. This classification carries a penalty of up to 20 years in prison.
What are Some Defenses to Human Trafficking in Nebraska?
In Nebraska, one notable defense is the absence of knowledge or intent. If an accused person can demonstrate that they were unaware of the trafficking activities or did not intend to participate in them, this can serve as a defense. However, proving a lack of knowledge or intent can be challenging, especially if there is substantial evidence against the accused.
Another possible defense is duress, where the accused was forced or coerced into participating in trafficking activities. Some individuals may themselves be victims of coercion or threats, leading them to partake in trafficking.
However, consent from a minor victim is not a defense in human trafficking cases. The law states that a minor’s consent does not excuse or minimize the actions of those involved in trafficking minors. Lastly, a mistaken belief about the age of a minor involved in trafficking is not a valid defense. The law does not allow for ignorance of a victim’s age as a justification for engaging in trafficking activities.
What Does a Criminal Defense Lawyer Do for Someone Facing Human Trafficking Charges?
A criminal defense lawyer in Nebraska plays a major role in representing clients accused of human trafficking or other sex crimes. They provide legal advice and help the client understand the charges and potential consequences. The lawyer can scrutinize the evidence presented, identifying weaknesses or inconsistencies in the prosecution’s case. They also negotiate with prosecutors, potentially reducing trafficking charges or penalties. In court, the defense lawyer presents arguments and evidence on behalf of the client, aiming to achieve the best possible outcome. Throughout the process, the lawyer offers guidance and support, ensuring that the client’s rights are protected.
Additional Resources
Nebraska Human Trafficking Resources – Visit the official website for the Nebraska Department of Health and Human Services to access resources related to human trafficking within the state. This site empowers the public to learn more about what human trafficking is, what the state is doing to combat it, and how to spot instances of abuse. Training resources, reporting information, and a link to the state’s Preventing Sex Trafficking and Strengthening Families Act can be found on this site too.
National Human Trafficking Hotline – Visit the official website for the Office on Trafficking in Persons to learn about victim assistance opportunities, as well as research and policy on the subject of human trafficking in the U.S. Find information about partnerships between this division of the federal Department of Health and Human Services.
Hiring a Human Trafficking Defense Lawyer Nebraska | Liberty Law Group
The lawyers at Liberty Law Group have a proven track record of protecting our clients and delivering their voice to court.
Our firm proudly serves Omaha in Douglas County, including Lincoln in Lancaster County, Papillion in Sarpy County, Fremont in Dodge County and Council Bluffs in Pottawattamie County, Iowa and the surrounding areas. If you or a loved one has been charged or is under investigation for Human Trafficking, don’t wait, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
