If you just glance through the text of the relevant statutes, “Commercial Sexual Abuse of a Minor” and “Trafficking in Persons” seem to share enough similarities that it is easy to misunderstand them as functionally identical crimes. In practice, though, there is an important difference between commercial sexual abuse and human trafficking charges in Connecticut, and it is one that can potentially have a significant impact on the nature and severity of charges you face for allegedly seeking commercial sexual activity from someone under 18.
Under Connecticut General Statutes (C.G.S.) §53a-192a, someone commits the offense of Trafficking in Persons if they use actual or threatened force, fraud, or coercion to knowingly compel someone to provide involuntary labor or to engage in sexual conduct with one or more third parties. This statute also explicitly defines Trafficking in Persons to include knowingly compelling a person under 18 to engage in sexual conduct with someone who would be subject to criminal prosecution for engaging in that conduct.
Finally, Trafficking in Persons as defined by this statute includes any act constituting “sex trafficking,” which itself is defined under this section of the Connecticut Penal Code to entail recruiting, harboring, transportation, or providing a person to someone else with the intent for them to engage in sexual conduct with that person in exchange for something of value. Unlike Commercial Sexual Abuse of a Minor, which can sometimes be categorized as a Class A Felony but is usually a Class B Felony, Trafficking in Persons is always a Class A Felony in Connecticut.
In practical terms, the key difference between Trafficking in Humans as defined above and Commercial Sexual Abuse of a Minor in Connecticut is the role played by the defendant in the act of commercial sexual activity in question. Someone who knowingly solicits sex with a minor for a fee would likely be charged with Commercial Sexual Abuse of a Minor, whereas someone who compels or otherwise enables a minor to engage in commercial sexual activity without personally being involved in that activity themselves has likely committed Trafficking in Persons.
That said, it may be possible for someone to face charges for both offenses at once if they engage in sexual conduct with a minor as part of a commercial exchange but are also involved in transporting, harboring, and/or coercing that minor into participating in the commercial sexual act in question. A member of the Mark Sherman Law can go into further detail about the unique elements of these and other offenses during a confidential consultation.
While these offenses may appear similar on paper, Connecticut law treats Commercial Sexual Abuse of a Minor and Human Trafficking very differently. The specific role a person is alleged to have played can dramatically influence the charges and penalties involved. Because prosecutors may pursue one or even both offenses depending on the circumstances, it is crucial to have experienced counsel evaluate the facts of your case and protect your rights at every step. Call today to discuss your options, or read verified reviews from past clients by visiting our Avvo.com profile here.
