Jennifer Fisher NC Justice Academy October 23, 2013

Jennifer Fisher
NC Justice Academy

 October 23, 2013

27 million people are presently
enslaved across the globe
which is more than double the
number of African-Americans
during the trans-Atlantic
slave trade.

$40,000.00 value = 1800’s
 $80.00 value = present

Drug Trafficking - Gun Trafficking - Human Trafficking

Modern Day Slavery

                                                        It is a global phenomenon that
                                                        involves obtaining or maintaining the
                                                        labor or services of another through
                                                        the use of force, fraud, or coercion in
                                                        violation of an individual’s human
                                                        rights. Any person under the age of
                                                        eighteen who performs a commercial
                                                        sex act is considered a victim of
                                                        human trafficking, regardless of
                                                        whether force, fraud, or coercion were
http://www.flickr.com/photos/28867210@N07/2695753995/
                                                        present.

SEXUAL EXPLOITATION
    Brothels, massage parlors, pornography
productions, street prostitution, exotic dancing,
 escort services, cantina bars, modeling studios

            LABOR EXPLOITATION
   Agricultural/farm work, cleaning services,
       construction, domestic servitude,
  factory/manufacturing, restaurant, beauty
  salons/nail salons, peddling, begging rings

      OTHER TYPES OF EXPLOITATION
Marriage brokerage services, organ trafficking,
              baby trafficking

Human Trafficking
 in North Carolina

  Why North Carolina?
• Multiple major highways:
  I-95, I-85, I-40
• Large agriculture and meat
  processing industries
• Growing immigrant population
• Coastal state
• Military presence              © RIPPLE 2010

   512 calls received (crisis,      Top 10 Caller Types:
    tips, training, referrals,           Community member
    misc.)                               Educator/school personnel
                                         Faith-based organization
   Top 10 Caller Locations:             Family member of potential
       Charlotte                         victim
       Durham                           NGO-anti-trafficking
       Fayetteville                     NGO-other
       Greensboro                       Potential victim of labor
       Greenville                        exploitation
       High Point                       Potential victim of other
       Kill Devil Hills                  crime
       Raleigh                          Potential victim of trafficking
       Wilmington                       Student
       Winston-Salem

▪ 98 potential trafficking situations
▪ 50 of the cases involved potential
 minors
▪ 35 of these cases rated as “high”
 (demonstrated key indicators of
 human trafficking)
▪ Of the cases ranked as “high”
 probability to be a HT case:
  ▪   30 of these cases involved sex
      trafficking
  ▪   5 of these cases involved labor
      trafficking

 Agriculture/farms
 Commercial front brothel
 Domestic work
    (childcare/housekeeping)
   Escort service/delivery service
   Housekeeping/cleaning service
   Other small business
   Personal sexual servitude
   Phone chat line
   Pimp
   Residential brothel
   Truck stop
   Sex – other
   Not specified

   Location of       Maxton
    Trafficking:      Morrisville
     Asheville       Raleigh
     Charlotte       Walkertown
     Concord         Wilmington
     Dunn            Winston-
     Fayetteville     Salem
     Greensboro      Not
                       specified
     Greenville
     Jacksonville
     Laurinburg

   Nationality of Potential Victim(s):
     Afghan
     Bosnian, Herzegovinian
     Chinese; South Korean
     Mexican
     Salvadoran
     U.S.A.
     Unknown
     US Citizens – LPR
     Vietnamese

Trafficking vs. Smuggling

      Trafficking                         Smuggling
 Is not voluntary; one cannot
    consent to being trafficked or
    enslaved                           Is voluntary; an individual
   Entails forced exploitation of        typically contracts to be taken
    a person for labor or services        across the border
   Need not entail the physical         Ends after the border crossing
    movement of a person                 Fees are usually paid in advance
   Can occur domestically, where         or upon arrival
    citizens are held captive in         Is always international in nature
    their own country                    Is a crime against the nation’s
   Is a crime against the right of       sovereignty
    each person to be free from
    involuntary servitude

A person commits the offense of human trafficking when that person
(i) knowingly or in reckless disregard of the consequences of the
action recruits, entices, harbors, transports, provides, or obtains by
any means another person with the intent that the other person be
held in involuntary servitude or sexual servitude or (ii) willfully or in
reckless disregard of the consequences of the action causes a minor
to be held in involuntary servitude or sexual servitude.
   If the victim is an adult - Class F felony
   If the victim is a minor - Class C felony
   Mistake of age is not a defense
   Consent of a minor is not a defense

A person commits the offense of involuntary servitude when that
person knowingly and willfully or in reckless disregard of the
consequences of the action holds another in involuntary servitude.

     If the victim is an adult - Class F felony
     If the victim is a minor - Class C felony
     Mistake of age is not a defense
     Consent of a minor is not a defense
     If any person reports a violation of this section, which violation arises out
      of any contract for labor, to any party to the contract, the party shall
      immediately report the violation to the sheriff of the county in which the
      violation is alleged to have occurred for appropriate action.
     If it involves a minor and the offender is convicted they must register as a
      sexual offender

A person commits the offense of sexual servitude when that
person knowingly or in reckless disregard of the consequences of
their actions subjects or maintains another in sexual servitude.

   If the victim is an adult – Class F felony
   If the victim is a minor - Class C felony
   Mistake of age is not a defense
   Consent of a minor is not a defense
   If convicted the offender must register as a sexual offender

A person commits the offense of unlawful sale, surrender, or
purchase of a minor when that person, acting with willful or
reckless disregard for the life or safety of a minor, participates in
any of the following: the acceptance, solicitation, offer,
payment, or transfer of any compensation, in money, property,
or other thing of value, at any time, by any person in connection
with the unlawful acquisition or transfer of the physical custody
of a minor, except as ordered by the court.
(1) A person who violates this section is guilty of a Class F
     felony and shall pay a minimum fine of $5,000.
(2) For each subsequent violation, a person is guilty of Class F
     felony and shall pay a minimum of $10,000.

 Clarifies the statutory language to include the mistake of
  age not being a defense
 Increases the penalties for sexual servitude to a Class D
  felony for adults; already a Class C felony for minors
 Defines minors as being anyone under the age of 18
 Provides immunity for prosecution of minors
 Strengthens the laws regarding prostitution
 Allows a deferred judgment for first time prostitution
  offenders
 Permits expunction for prostitution convictions for sex
  trafficking victims
 Restructures the North Carolina Human Trafficking
  Commission

   2004 – NCCAHT established
   2008 – Published a training manual with the FBI on
    human trafficking; a second edition is being
    developed
   2011(July) – 2 hr. block of instruction implemented in
    the Basic Law Enforcement Training
   2011 – 4 hr. law enforcement in-service block of
    instruction developed
   2013 – 2 hr. telecommunicator in-service block of
    instruction developed
   Save the Date = January 23-24, 2014 NCCAHT Child
    Trafficking Conference in Salemburg, NC

   PERCEPTION VIDEO EMBEDDED HERE

   Human trafficking is an
    international crime
   Human trafficking is a
    national crime
   Human trafficking is a
    local crime
   It can happen anywhere

Jennifer H. B. Fisher, M.S.
  jfisher@ncdoj.gov
  (910) 525-4158 x236