Child Trafficking – NRS 200.4685

Overview

Child trafficking is a heinous crime that involves the illegal transportation, recruitment, or exploitation of minors for various purposes, including labor, sexual exploitation, and illegal activities. Under Nevada Revised Statute (NRS) 200.4685, child trafficking is addressed with severe penalties, reflecting the state’s commitment to protecting children from exploitation and abuse.

Elements of the Offense

To secure a conviction for child trafficking under NRS 200.4685, the prosecution must prove the following elements beyond a reasonable doubt:

1. Transportation or Recruitment: The accused must have engaged in the transportation, recruitment, or enticement of a child. This can involve moving a child from one location to another or persuading a child to engage in trafficking activities.
2. Exploitation: The actions must have been taken with the intent to exploit the child for labor, sexual purposes, or other illegal activities. This includes any situation where the child is subjected to exploitation, whether through forced labor, sexual acts, or other means.
3. Lack of Consent: The trafficking activities must have occurred without the consent of the child. Minors cannot legally consent to exploitation, and the absence of consent is a critical element in trafficking cases.

Related Offenses

Child trafficking is closely associated with several other serious offenses, including:

• Child Pornography – NRS 200.730: Involves the illegal possession or distribution of sexually explicit images or videos of minors.
• Sexual Exploitation of Children – NRS 201.230: Refers to actions that exploit children for sexual purposes.
• Child Abuse – NRS 200.508: Involves causing harm or neglecting a child.
• Child Endangerment – NRS 200.5093: Involves actions that place a child at risk of harm.

Examples of Child Trafficking

To better understand how NRS 200.4685 applies, consider the following examples:

• Example 1: An individual lures a minor with promises of employment or a better life, only to force the child into labor or sexual exploitation. This act of recruitment and exploitation can lead to serious trafficking charges.
• Example 2: A trafficking ring transports minors across state lines for the purpose of prostitution. The individuals involved in organizing and facilitating this movement can face severe charges under child trafficking laws.

Defenses to Child Trafficking

Defending against charges of child trafficking can involve several strategies:

1. Lack of Knowledge: If the accused can demonstrate that they were unaware that their actions would lead to child trafficking, this may serve as a defense. For example, if the accused believed they were assisting a child in need without realizing the broader implications, it could negate culpability.
2. Consent Misunderstanding: In cases where the child was involved in their own recruitment or transportation, demonstrating that the accused acted under the belief that consent was given (even if it wasn’t legally valid) may be a defense.
3. False Accusations: Sometimes, individuals may be falsely accused due to misunderstandings or personal motives. An experienced attorney can help establish the truth and challenge the credibility of the accuser.
4. Insufficient Evidence: The prosecution must present substantial evidence to prove trafficking. If the evidence is circumstantial or lacking, the charges may be contested.

Potential Penalty for Child Trafficking

Child trafficking is treated as a serious crime in Nevada, classified as a Category A felony. The penalties can be severe:

• Imprisonment: A conviction can result in a minimum of 5 years to life in prison.
• Fines: The defendant may face substantial fines, which can add to the financial burden of a conviction.
• Restitution: Courts may order restitution to be paid to the victims or their families for any losses incurred due to the trafficking activities.

The Impact of a Conviction

A conviction for child trafficking carries significant social and legal repercussions. In addition to lengthy prison sentences, individuals convicted of trafficking may face lasting stigma, difficulties in securing employment, and challenges in personal relationships. Furthermore, those convicted may be required to register as sex offenders, leading to additional restrictions and monitoring.

Criminal Defense for Child Trafficking

If you are facing charges of child trafficking under NRS 200.4685, it is essential to seek legal representation from an experienced criminal defense attorney. Joshua Tomsheck, a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, has extensive experience in defending clients against serious charges, including child trafficking.

Mr. Tomsheck is a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. His dedication to protecting the rights of clients, combined with a proven track record of achieving favorable outcomes, positions him as a strong advocate in trafficking cases.

Conclusion

Child trafficking is a serious offense with devastating consequences for both the victims and the accused. If you or someone you know is facing charges of child trafficking, understanding your rights and legal options is crucial. The implications of such charges can affect your future and well-being.

For more information about defending against charges of child trafficking in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.