Human Trafficking Defense
Defense against federal trafficking and FOSTA-SESTA charges
Human trafficking prosecutions have increased dramatically in recent years, particularly following the FOSTA-SESTA legislation. These serious federal charges require sophisticated defense strategies that address both traditional trafficking elements and new internet platform liability theories.
01Federal Trafficking Laws
Key statutes include:
• 18 U.S.C. § 1591 - Sex trafficking by force, fraud, or coercion
• 18 U.S.C. § 1589 - Forced labor
• 18 U.S.C. § 1590 - Trafficking for forced labor
• 18 U.S.C. § 2421A - FOSTA-SESTA provisions
FOSTA-SESTA amended Section 230 of the Communications Decency Act, creating new liability for platforms that facilitate trafficking.
02Defense Considerations
Trafficking defense may focus on:
• Lack of knowledge of trafficking activity
• Absence of force, fraud, or coercion elements
• First Amendment challenges to FOSTA-SESTA
• Due process concerns with vague statutory language
• Distinguishing consensual adult activity
• Challenging conspiracy allegations
03Platform Liability Issues
FOSTA-SESTA created new legal risks for:
• Website operators and administrators
• Payment processors
• Advertising platforms
• Cloud service providers
• Individual employees and contractors
Understanding the scope of "participation in a venture" is critical to defense strategy.
Facing Human Trafficking Charges?
Every case is unique. Contact us for a confidential consultation to discuss your specific situation and learn how we can help.
Schedule ConsultationKey Cases
United States v. Martono
Sex trafficking elements
Woodhull Freedom v. United States
FOSTA-SESTA constitutionality
Relevant Statutes
- 18 U.S.C. § 1591 - Sex Trafficking
- 18 U.S.C. § 2421A - FOSTA-SESTA
- 47 U.S.C. § 230 - Communications Decency Act