What is human trafficking?

Human trafficking, as defined in 940.302 of the Criminal Code of Wisconsin, is committed by one who knowingly engages in trafficking for the purpose of labor or services and/or a commercial sex act. “Services” means activities performed by one individual at the request, under the supervision, or for the benefit of another person. “Commercial sex act” means sexual contact for which anything of value is given to, promised, or received, directly or indirectly, by any person.

Wisconsin statutes define the trafficking of a child (948.051):

1. Whoever knowingly recruits, entices, provides, obtains, harbors, transports, patronizes, or solicits or knowingly attempts to recruit, entice, provide, obtain, harbor, transport, patronize, or solicit any child for the purpose of commercial sex acts, as defined in s. 940.302 (1) (a), is guilty of a Class C felony
2. Whoever benefits in any manner from a violation of sub. (1) is guilty of a Class C felony if the person knows that the benefits come from an act described in sub.
3. Any person who incurs an injury or death as a result of a violation of sub. (1) or (2) may bring a civil action against the person who committed the violation. In addition to actual damages, the court may award punitive damages to the injured party, not to exceed treble the amount of actual damages incurred, and reasonable attorney fees.

The state must be able to prove the following:

1. The defendant knowingly recruited, enticed, provided, obtained, harbored, transported, patronized, solicited, or attempted to do one of those things to a child
2. The child was under 18 years old; and
3. The defendant committed one of the acts with the child for the purpose of commercial sex acts.

Our Milwaukee human trafficking defense attorneys are committed to providing a rigid human trafficking defense. Birdsall Obear & Associates has decades of experience in Milwaukee criminal defense. Contact us today for a free consultation.

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