If you or a loved one is under investigation or has been charged with federal sex trafficking in New Jersey, you are facing one of the most serious offenses in the federal criminal justice system. These charges carry severe penalties and can have a devastating lifelong impact. An aggressive and knowledgeable defense from an experienced federal criminal defense attorney is paramount. Brett M. Rosen, Esq. is dedicated to providing a robust defense for individuals accused of serious federal crimes, including sex trafficking. He is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that approximately less than 1% of attorneys in New Jersey hold. Call him today for a free consultation at 908-312-0368.

Understanding Federal Sex Trafficking: 18 U.S.C. § 1591

The primary federal statute addressing sex trafficking is 18 U.S.C. § 1591 – Sex trafficking of children or by force, fraud, or coercion. This complex statute generally makes it illegal to:

• Knowingly recruit, entice, harbor, transport, provide, obtain, advertise, maintain, patronize, or solicit a person, in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States,   
   
• Knowing, or in reckless disregard of the fact, that force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, OR
• Knowing, or in reckless disregard of the fact, that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act.   
   
• The statute also criminalizes knowingly benefiting financially from participation in a venture that has engaged in such acts.   
   

A “commercial sex act” is defined as any sex act on account of which anything of value is given to or received by any person. “Coercion” can include threats of serious harm, physical restraint, or the abuse or threatened abuse of law or legal process.

Severe Penalties for Federal Sex Trafficking Convictions

A conviction under 18 U.S.C. § 1591 carries some of the harshest penalties in the federal system:

• If the offense involved force, fraud, or coercion, OR if the victim was under 14 years of age: A mandatory minimum sentence of 15 years in prison, up to life imprisonment.   
   
• If the offense did not involve force, fraud, or coercion, AND the victim was 14 years of age or older but under 18 years of age: A mandatory minimum sentence of 10 years in prison, up to life imprisonment.
• Substantial Fines: Up to $250,000 for individuals (or $500,000 for an organization).
• Supervised Release: A term of supervised release of at least 5 years, and potentially for life, following imprisonment.
• Mandatory Restitution: Defendants are typically ordered to pay restitution to the victims.
• Asset Forfeiture: Any property derived from or used to facilitate the offense may be seized by the government.
• Special Assessment: A mandatory special assessment (e.g., $5,000).   
   
• Sex Offender Registration: A conviction often requires lifelong registration as a sex offender, which has significant implications for where one can live, work, and travel.   
   
• Lifelong Consequences: A federal felony conviction can impact future employment, housing, educational opportunities, civil rights (like voting or firearm possession), and personal reputation.

Potential Defense Strategies in Federal Sex Trafficking Cases

Every federal sex trafficking case is unique, and the specific defense strategy will depend on the particular facts and evidence. However, some potential avenues of defense that Brett M. Rosen, Esq. may explore include:

• Lack of Knowledge or Intent: The prosecution must prove that the defendant acted “knowingly” or, in some circumstances, with “reckless disregard.” If it can be shown that the defendant was unaware of the trafficking or the age of the individual, or did not have the requisite criminal intent, this can be a powerful defense.
• No Force, Fraud, or Coercion: For adult victims, the government must prove that means of force, fraud, or coercion were used. Challenging the evidence of these elements is a key defense strategy.
• Insufficient Evidence: The government bears the burden of proving every element of the offense beyond a reasonable doubt. A thorough defense involves scrutinizing the prosecution’s evidence for weaknesses, inconsistencies, or gaps.
• Violation of Constitutional Rights: If law enforcement violated your constitutional rights during the investigation, arrest, search, or interrogation (e.g., unlawful search and seizure, Miranda rights violations), evidence obtained as a result may be suppressed, potentially weakening or leading to the dismissal of the case.
• Mistaken Identity or False Accusation: In some cases, individuals are wrongly accused or misidentified. A detailed investigation can help uncover evidence to prove innocence.   
   
• Entrapment: If law enforcement induced or persuaded the defendant to commit a crime they otherwise would not have committed, an entrapment defense may be applicable.
• Duress or Coercion (of the Defendant): If the defendant was forced to participate in the alleged trafficking activities under threat of immediate harm to themselves or others, this may constitute a defense.
• Challenging the “Commercial Sex Act” or “Interstate Commerce” Elements: Depending on the facts, there may be arguments that the acts do not meet the legal definition of a “commercial sex act” or that the required link to interstate or foreign commerce is absent.

Federal Court vs. New Jersey State Court: Key Differences

Understanding the differences between federal and state court is crucial, as federal cases operate under distinct rules, procedures, and carry different implications.

Frequently Asked Questions (FAQ) Regarding Federal Sex Trafficking Charges

• Q1: What activities are considered “sex trafficking” under 18 U.S.C. § 1591?
  • A: It includes recruiting, harboring, transporting, providing, obtaining, or soliciting a person for commercial sex acts through force, fraud, or coercion, or if the person is under 18. Knowingly benefiting financially from such a venture is also included.   
     
• Q2: What makes a sex trafficking case federal instead of a state offense?
  • A: A case becomes federal if it involves crossing state or international borders (“interstate or foreign commerce”), occurs on federal property, or if specific federal laws (like 18 U.S.C. § 1591) are violated, often due to the organized nature or scale of the alleged crime. Many sex trafficking cases can be prosecuted at both federal and state levels.   
     
• Q3: What should I do if I am under investigation or arrested for federal sex trafficking?
  • A: Immediately invoke your right to remain silent and your right to an attorney. Do not speak to law enforcement agents or investigators without a lawyer present. Contact an experienced federal criminal defense attorney like Brett M. Rosen, Esq. as soon as possible.
• Q4: How can an attorney help in a federal sex trafficking case?
  • A: An experienced federal defense attorney will protect your constitutional rights, meticulously review the government’s evidence, conduct an independent investigation, identify weaknesses in the prosecution’s case, explore all potential defenses, negotiate with federal prosecutors, and, if necessary, provide a vigorous defense at trial. They will also guide you through the complex federal court procedures and sentencing guidelines.   
     
• Q5: What are the long-term consequences of a federal sex trafficking conviction beyond prison and fines?
  • A: Long-term consequences are severe and can include lifelong sex offender registration, significant difficulties finding employment and housing, loss of voting rights, inability to own firearms, damage to reputation, and potential immigration consequences for non-citizens.   
     
• Q6: Is it possible to get federal sex trafficking charges reduced or dismissed?
  • A: Yes, depending on the specific facts and circumstances of your case. An effective defense strategy may lead to charges being reduced to a less serious offense, or even dismissed if there is insufficient evidence or if your rights were violated. However, federal prosecutors pursue these cases aggressively.   
     

Why Choose Brett M. Rosen, Esq. for Your Federal Sex Trafficking Defense in New Jersey?

Facing federal sex trafficking charges is a life-altering event. You need a defense attorney who is not intimidated by the power of federal prosecutors and who has the skills to navigate the complexities of federal law and procedure.

Brett M. Rosen, Esq.:

• Experienced in Complex Criminal Defense: Dedicated to handling serious criminal charges with strategic and aggressive representation.   
   
• Knowledge of Court Procedures: Understands the intricacies of litigating against determined prosecutors.
• Client-Focused Approach: Believes in providing personalized attention, keeping you informed, and working tirelessly to protect your rights and future.   
   
• Strategic Defense Planning: Will meticulously analyze the evidence, identify all possible defenses, and build the strongest case possible on your behalf.

Contact Brett M. Rosen, Esq. Today for a Confidential Consultation

If you are facing federal sex trafficking charges in New Jersey, the time to act is now. The stakes are incredibly high, and early intervention by a skilled defense attorney can make a significant difference.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Every case is different, and the information here may not apply to your specific situation. You should not act or refrain from acting based on any information on this site without seeking professional legal counsel. Contacting Brett M. Rosen, Esq. or his firm through this website does not create an attorney-client relationship. Past results do not guarantee future outcomes and are not a prediction of future success. Attorney Advertising.