Human Trafficking and the Commercial Sexual Exploitation of Children

Human Trafficking ● What is Human Trafficking ● Case and Legal Analysis

What is Human Trafficking? ● Iowa Code section 710A ● Modern day slavery ● Two avenues ● Sex trade ● Forced labor

Iowa Code section 710A ● Human trafficking means participation in a venture to recruit, harbor, transport, supply provisions, or obtain a person for any of the following purposes:

Purposes ● Commercial Sexual Activity ● 18 and older – force, fraud, coercion ● Under 18 – the act itself ● Forced Labor or service that results in involuntary servitude, peonage, debt bondage, or slavery

Punishment ● Most acts are punishable as a “D” felony ● Exceptions: ● Victim is under the age of 18 ● “C” felony ● Causing or threatening to cause serious physical injury ● “C” felony if victim over 18 ● “B” felony if victim under 18

Other Things to Consider ● Affirmative defense ● Defendant committed violation under compulsion by another’s threat of serious injury ● Must be a reasonable belief that injury was imminent ● Restitution ● Gross income of defendant or value of labor or services performed by victim to be considered

Human Trafficking ● Leonard Russell ● 38 years old ● Non-violent criminal history ● Charming ● Father

Elements: Human Trafficking ● During August of 2007, the defendant did knowingly participate or aid and abet the participation in a venture to recruit, harbor, transport, or supply provisions for the purpose of commercial sexual activity of Ashley or Caitlin. ● Ashley and Caitlin were under the age of 18.

Element 1: Venture ● Venture means any group of two or more persons associated in fact. ● No question that defendant and Jazzie were associated ● Bottom Bitch

Defendant and Jazzie Ventured to: ● Recruit ● Jazzie met the girls at the pool – she seemed “cool” ● Jazzie was told they were 17 and runaways ● Jazzie provides marijuana ● Defendant shows up and gives them a way out ● Harbor ● Defendant paid for their rooms ● Defendant provided them false identification ● Defendant assisted them from being detected by the authorities

Defendant and Jazzie Ventured to: ● Transport ● Three states, six cities, and the provision of all forms of transportation ● Supply Provisions ● Defendant bought their food, clothes, and necessity items

For What Purpose? ● Commercial Sexual Activity: ● Any sex act or sexually explicit performance ● For which value is given, promised to, or received by any person ● Includes prostitution, pornography, and performance in strip clubs

Commercial Sexual Activity ● Prostitution ● Davenport (vaginal intercourse) ● Denison (vaginal intercourse and “hand job”) ● Performance in strip clubs ● Denison

Element 2: Age ● The State must prove that Ashley and Caitlin were under the age of 18 ● Ashley’s date of birth is July 15, 1992 ● Caitlin’s date of birth is April 8, 1991 ● During August of 2007 they were under the age of 18 ● Defendant’s claimed ignorance of or belief that Ashley or Caitlin were older is no defense

Evidence ● No detail is too small ● Corroborate, corroborate, corroborate ● Types of evidence: ● Hotel records

Evidence ● No detail is too small ● Corroborate, corroborate, corroborate ● Types of evidence: ● Hotel records ● Internet records

Evidence ● No detail is too small ● Corroborate, corroborate, corroborate ● Types of evidence: ● Hotel records ● Internet records ● Corroborating witnesses ● Club manager ● 3 Hispanic males and a white Mustang ● Hotel manager

End Result ● Russell ● Guilty on all counts (OCC, HT, Pandering) ● Faced 65 years – sentenced to 25 years ● State v. Russell, 2010 WL (Iowa App.) ● Ryan ● Picked up during middle of Russell trial ● Offered deal in exchange for proffer ● Sentenced on Pandering charge to 10 years ● Granted shock probation after obtaining GED

Thank you for your time.