Alabama enacts ‘toughest’ human trafficking penalties in the U.S.

On Thursday, Alabama Governor Kay Ivey signed legislation that greatly increases the criminal penalties for persons convicted of human trafficking. Trafficking a minor in Alabama would carry a life sentence.

“HB42 — The Sound of Freedom Act — is now the TOUGHEST anti human trafficking law in the nation,” Gov. Ivey said on Twitter. “I was proud to sign this bill into law, and I commend Rep. Givens for introducing and shepherding this important legislation.”

HB42 was sponsored by State Rep. Donna Givens (R-Loxley).

The new law will raise the penalty for first-degree human trafficking to a mandatory sentence of life imprisonment when the victim is a minor. Gov. Ivey asked for this legislation during her state of the state address.

The new law is entitled the Sound of Freedom Act from a recent film that shed light on the subject of human trafficking to a wide audience across the country.

“Human trafficking of minors is one of the most heinous and heart-wrenching crimes in America, and because the most defenseless among us are the victims, those found guilty should face the harshest penalties,” said Governor Ivey.

“As human trafficking spreads across the nation, law enforcement everywhere has struggled to keep pace with those who want to harm and exploit innocent victims. Sadly, we’ve witnessed such cases right here in Alabama where human traffickers continue to cavalierly defy our laws, but not anymore.”

“There must be a line drawn in the sand and Alabama is now leading the country with the toughest punishment for anyone who is found guilty of first-degree human trafficking of a minor,” said Ivey. “They will face nothing less than life behind bars. That is something these criminals will have to think long and hard about before they seek to harm children in our state.”

“I was proud to sign the Sound of Freedom Act into law enabling Alabama to take the lead in protecting children from these horrendous crimes,” Ivey concluded. “I also commend Representative Donna Givens for introducing and shepherding this important legislation to final approval.”

According to the bill, a person commits the crime of human trafficking in the first degree if:

  1. He or she knowingly subjects another person to labor servitude or sexual servitude.
  2. He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude.
  3. He or she knowingly gives, or attempts to give, monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor.

It is not required that the defendant have knowledge of a minor victim’s age, nor that the defendant have knowledge of a minor victim’s age, nor is reasonable mistake of age a defense to liability.

Human trafficking is one of the fastest growing criminal enterprises. The demand for girls and young women for sex acts, whether in person or over the internet is virtually unlimited as is the demand for labor.

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