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What is Human Trafficking?

LONG BEACH POLICE DEPARTMENT DETECTIVE KEN TURNER “ HUMAN TRAFFICKING ” AWARENESS& INVESTIGATIONS MARCH 22, 2012. What is Human Trafficking?. H/T Victims Protection Act, 2000 236.1 (a) CPC 207 CPC Three Forms of H/T. Myths, Vocab., & Misconceptions “ The GAME ” Best Practices

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What is Human Trafficking?

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  1. LONG BEACHPOLICE DEPARTMENTDETECTIVE KEN TURNER“HUMAN TRAFFICKING”AWARENESS& INVESTIGATIONSMARCH 22, 2012

  2. What is Human Trafficking?

  3. H/T Victims Protection Act, 2000 236.1 (a) CPC 207 CPC Three Forms of H/T Myths, Vocab., & Misconceptions “The GAME” Best Practices We are different Q & A Human Trafficking InvestigationsAdult Matter* (Sexual Content)

  4. Trafficking Victims Protection Act 2000 & 2005(18 U.S.C., Sec. 1589-1594) • Passed in 2000 to strengthen Federal Laws and create immigration relief for victims • Encouraged States to Create & Increase Laws regarding H/T, (236.1 & 236.2 PC)

  5. Human Trafficking-Elements236.1(a) California Penal Code • 236.1(a) Human Trafficking – Any person who deprives or violates the personal liberty of another with the intent to violate: • 266i PC, Procure female under 18 yrs for 647b PC • 266h PC, Pimping a Minor • 267 PC, Abducting person under 18 yrs for 647b PC • 311.4 PC, Employment of Minor for 647b PC • 518 PC, Extortion (Obtaining Passport or I.D. of Another, force or fear) • Or Forced Labor or Forced Services (Adult 647b PC) No Mention of Movement!

  6. Human Trafficking – 2005236.1(d)(1) CPC • “For purposes of this section…personal liberty of another…(equals)…substantial and sustained restriction of liberty… • through fraud, deceit, coercion, violence, duress, menace, or threat…to the victim or another person…” • (District Attorney will determine if “substantial and sustained,” is satisfied depending on the circumstances of the crime).

  7. Human Trafficking Investigation Starts with 207(c) CPC • Every person who hires, persuades, entices, decoys, or seduces…that person… into slavery or involuntary servitude,… without freewill… is guilty of kidnapping. • (‘substantial and sustained restriction of liberty) • Think Child Abuse, Sexual Assault, Dom. Viol. Cycle, & possibly Stockholm Syndrome.

  8. Human Trafficking – 2005 236.2 CPC • 236.2 PC – L.E. shall use due diligence to I.D. H/T victims (Police/Deputy Mandated Reporters) • (a) Injury or signs of poor care • (b) Withdrawn, censored, or afraid to talk • (c) No or limited freedom of movement • (d) Lives & works at same location • (e) Owes $$ to employer • (f) Security measures to control human contact • (g) Employer has I.D., passport, birth cert., etc.

  9. Smuggling vs. Trafficking SMUGGLING is ??? TRAFFICKING is ???

  10. SMUGGLING is Transportation based TRAFFICKING is Exploitation based Smuggling vs. Trafficking

  11. Los Angeles Metro Human Trafficking Task Force • Hotline: (800)-655-4095 • Orange County H/T Task Force-Westminster PD • San Bernardino, Riverside, San Diego H/T Task Force

  12. DEBT BONDAGE (518PC): Suspect claims victim “owes” more than original smuggling price. FORCED LABOR: Peonage: Held against will to pay off debt. Involuntary Servitude: The victim believes escaping (attempts) would result in harm to self or family members ‘back home.’ SEXUAL EXPLOITATION: Coercing, using force or fear to make victim perform sex acts for suspect’s gain. ‘Gain’ is usually money but can be: motel room fee, drugs, alcohol, and even as little as food or cigarettes. Three Types of H/T:

  13. Common Street Prostitution and Escorts BackPages.Com Craigslist OpenAdultDirectory.com ThatMail.com SexyEscorts.com Many Classified Ad Websites Sexual Exploitation647(b) PC - Prostitution

  14. “THE GAME” or “THE LIFE” Minor 647b PC The “Rules of The Game”… ‘No honor among thieves.’

  15. Don, Grandpa Pimp, Hustler, Daddy Will claim to be a ‘Hustler’ but NOT a Pimp Wifey, Bottom, Bottom Bitch Renegade Cherry, Turnout, Bitch Stable, Family, Team Punk, Fag Work Cuff Trick An act of 647B, a B-girl, or a John John We need to view these as Pedophiles or Rapist Track, Blade, Stroll Automatic Out-ta’ Pocket Square Guerilla Pimp Head, Up & Down, Around the World, Various names for different sex acts The Vocab of ‘The Game’

  16. H/T Myths & MisconceptionsThe Pimp Uses These Issues to Influence/Control Cherry • Average age is 12yrs old-(FBI, U.S. Atty. Gen., SDRTC) • Victim knew what they were getting into • Victim willingly committed unlawful acts • Victim was paid for services

  17. “I’m not a pimp, I’m a Hustler.” Age? Getting younger. Gang Associated Uses others to buffer him from Law Enforcement Claims to get his $$ from his Mother, Grandmother Lives with Mother/Grandmother Typical Pimp

  18. Victim Traits • 12 yrs old (9yrs-Common) • Runaway/Throwaway • Low Self Esteem • Hi-Dysfunctional Home • “I’m 19 years old” • Believes she will get “In Trouble” if she “Gets Caught” • Will LIE for Pimp • Fear, Indoctrination • “In Love” • Dom. Viol. & Stockholm

  19. ‘The Game’How did she get started? • He hollered at me. He was older and he said I was sexy. • We started hanging out and partying and drinking. • He was nice and I wanted to have sex with him. • Then he made me have sex with his friend. I didn’t want to do it but I wanted him to like me.

  20. ‘The Game’ • “Pimp” uses his “Bottom” or other “Recruiter” to recruit the “Cherry” • Pimps “cruise” schools, foster homes, group homes, placements • Bottom & Pimp isolate Cherry – Motel. • Adult activity, Beginning of indoctrination. • Pimps use “Boss’n Up” video - initiate indoctrination

  21. ‘The Game’ • Pimp makes Cherry think he cares about her • Beginning of ‘Honeymoon’ • Alcohol and Drugs • Adult Activity (Most Cherry’s are children) • Pimp has sex with Bottom / Cherry • Adult Activity • Pimp abuses Bottom • Control, Fear • Bottom leaves to 647b • Intro into ‘The Game’

  22. ‘The Game’ • Alcohol and drugs • Adult Activity, Calm, Fear • Bottom returns & gives $$ to Pimp • Cherry witnesses; Control, Indoctrination, Fear • Cherry is not free to leave • Control is Acknowledged • Fear is instilled • Pimp Rapes Cherry • ‘Soft’ or Violent Rape • Anal/Oral sex to protect ‘product’

  23. ‘The Game’: Goal is ‘Automatic’ • Bottom befriends Cherry • ‘Honeymoon’ • Pimp may console also • Pimp makes Cherry 647b • Force, Fear, Threat (Family,Team concept) • Bottom supervises 1st Trick • Control, Calm • Hand to Hand of $$$ • Control Complete, Honeymoon Ends • Pimp continues ‘The Game’ Education to Final Goal

  24. Victim DevelopmentHelps Victim Realize Victimization • Victim has been ‘committing crimes.’ • Must establish state of victimization with victim. • Must complete 647bPC investigation. • Must initiate victim services. (Saving Innocence, CAST LA, Innocence Lost, Children of the Night) • Must arrange for victim services to have access to victim. • 4th Floor Women’s Jail and Los Padrinos Juvenile Hall

  25. Victim DevelopmentHelps Victim Realize Victimization Actual Victim Statements • Q: You prostituted for him. Then you had an opportunity to leave, escape, runaway, call for help, call your mom, tell police; Why didn’t you? • A: If I would have got away he would come kill me. I’m afraid he might find me now. He has friends who will find me. I started out having fun but then I didn’t want to do it any more.

  26. Victim DevelopmentHelps Victim Realize Victimization Actual Victim Statements • Q: You prostituted for him again then you had another opportunity to leave, escape, runaway, call for help, call your mom, tell police; Why didn’t you? • A: I tried. I was afraid. He was always watching me. No one would believe me. I couldn’t-I just couldn’t. I didn’t even think I could escape.

  27. Victim DevelopmentHelps Victim Realize Victimization Actual Victim Statements • Q: So you prostituted again for him. Then you had another opportunity to leave, escape, call for help, call your mom, tell police; Why didn’t you? • A: He kept moving me from motel to motel to motel. I didn’t know where I was. I just wanted him to be happy. I wanted him to give me food.

  28. Victim DevelopmentHelps Victim Realize Victimization Actual Victim Statements • Q: So you prostituted again for him. Then you had another opportunity to leave, escape, call for help, tell police; Why didn’t you? • A: He had me so confused. All I could think of was prostitution, prostitution, prostitution. Now I see what he did to me.

  29. Domestic Violence Cycle of Abuse Stockholm Syndrome The psychological tendency of a hostage to bond with, identify with, or sympathize with his or her captor . (Merriam-Webster) Why did she continue?

  30. LBPD, H/T detail: 236.1PC (H/T) + 266PC (Pimp/Pander) + 261PC(Rapes-each rape, oral, anal, etc.) + 207PC (Kidnap) = 209PC = Kidnap - 25yr sentence and each conviction may run consecutive. i.e.-206yr sentence Other agencies: 266h(a)(1) Pimping a minor 16+, 3 to 6 yrs in prison. 266h(a)(2)-Pimping a minor -16, 3 to 8 yrs in prison. Both are 290PC crimes 236.1CPC InvestigationBest Practices

  31. Q and A We hope to be able to answer your questions.

  32. Thank you.

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