Florida criminal charge
Human trafficking in Florida
Human trafficking is a criminal offense under Florida law, defined by Fla. Stat. § 787.06. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 787.06.
How is human trafficking classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trafficking child (or believed-child) for labor/services | Felony of the First Degree | Trafficking involves labor or services of a child younger than 18, or an adult believed to be a child younger than 18. | Fla. Stat. § 787.06(3)(a)1. |
| Trafficking adult for labor/services using coercion | Felony of the First Degree | Trafficking uses coercion to obtain labor or services of an adult. | Fla. Stat. § 787.06(3)(a)2. |
| Trafficking adult for commercial sexual activity using coercion | Felony of the First Degree | Trafficking uses coercion to obtain commercial sexual activity of an adult. | Fla. Stat. § 787.06(3)(b) |
| Trafficking unauthorized alien child (or believed-child) for labor/services | Felony of the First Degree | Trafficking involves labor or services of a child younger than 18, or an adult believed to be such a child, who is an unauthorized alien. | Fla. Stat. § 787.06(3)(c)1. |
| Trafficking unauthorized alien adult for labor/services using coercion | Felony of the First Degree | Trafficking uses coercion for labor or services of an adult who is an unauthorized alien. | Fla. Stat. § 787.06(3)(c)2. |
| Trafficking unauthorized alien adult for commercial sexual activity using coercion | Felony of the First Degree | Trafficking uses coercion for commercial sexual activity of an adult who is an unauthorized alien. | Fla. Stat. § 787.06(3)(d) |
| Interstate transport of child (or believed-child) for labor/services | Felony of the First Degree | Trafficking for labor or services accomplished by transferring or transporting a child younger than 18, or an adult believed to be such a child, from outside Florida into the state. | Fla. Stat. § 787.06(3)(e)1. |
| Interstate transport of adult for labor/services using coercion | Felony of the First Degree | Trafficking for labor or services using coercion accomplished by transferring or transporting an adult from outside Florida into the state. | Fla. Stat. § 787.06(3)(e)2. |
| Interstate transport of child (or believed-child) for commercial sexual activity | Felony of the First Degree | Trafficking for commercial sexual activity accomplished by transferring or transporting a child younger than 18, or an adult believed to be such a child, from outside Florida into the state, punishable by up to life imprisonment. | Fla. Stat. § 787.06(3)(f)1. |
| Interstate transport of adult for commercial sexual activity using coercion | Felony of the First Degree | Trafficking for commercial sexual activity using coercion accomplished by transferring or transporting an adult from outside Florida into the state. | Fla. Stat. § 787.06(3)(f)2. |
| Trafficking for commercial sexual activity involving child, believed-child, or mentally defective/incapacitated person | Life Felony | Commercial sexual activity trafficking involves a child younger than 18, an adult believed to be such a child, or a person who is mentally defective or mentally incapacitated. | Fla. Stat. § 787.06(3)(g) |
| Sale or transfer of minor custody leading to trafficking | Life Felony | A parent, guardian, or custodian sells or transfers custody of a minor knowing or recklessly disregarding that the minor will be subjected to human trafficking. | Fla. Stat. § 787.06(4)(a) |
| Capital human trafficking of vulnerable persons for sexual exploitation | Capital Felony | A person 18 or older knowingly organizes or manages a venture that subjects a child younger than 12, or a mentally defective or incapacitated person, to human trafficking for sexual exploitation. | Fla. Stat. § 787.06(5)(a) |
| Reclassification for great bodily harm — second to first degree | Felony of the First Degree | A felony of the second degree under this section is reclassified as a felony of the first degree when the offender causes great bodily harm, permanent disability, or permanent disfigurement during commission of the offense. | Fla. Stat. § 787.06(9)(a) |
Common questions about human trafficking in Florida
Is human trafficking a felony or a misdemeanor in Florida?
It depends on the circumstances: human trafficking ranges from a Felony of the First Degree to a Capital Felony in Florida under Fla. Stat. § 787.06.
Trafficking child (or believed-child) for labor/services: Felony of the First Degree (Fla. Stat. § 787.06(3)(a)1.) · Trafficking adult for labor/services using coercion: Felony of the First Degree (Fla. Stat. § 787.06(3)(a)2.) · Trafficking adult for commercial sexual activity using coercion: Felony of the First Degree (Fla. Stat. § 787.06(3)(b)) · Trafficking unauthorized alien child (or believed-child) for labor/services: Felony of the First Degree (Fla. Stat. § 787.06(3)(c)1.) · Trafficking unauthorized alien adult for labor/services using coercion: Felony of the First Degree (Fla. Stat. § 787.06(3)(c)2.) · Trafficking unauthorized alien adult for commercial sexual activity using coercion: Felony of the First Degree (Fla. Stat. § 787.06(3)(d)) · Interstate transport of child (or believed-child) for labor/services: Felony of the First Degree (Fla. Stat. § 787.06(3)(e)1.) · Interstate transport of adult for labor/services using coercion: Felony of the First Degree (Fla. Stat. § 787.06(3)(e)2.) · Interstate transport of child (or believed-child) for commercial sexual activity: Felony of the First Degree (Fla. Stat. § 787.06(3)(f)1.) · Interstate transport of adult for commercial sexual activity using coercion: Felony of the First Degree (Fla. Stat. § 787.06(3)(f)2.) · Trafficking for commercial sexual activity involving child, believed-child, or mentally defective/incapacitated person: Life Felony (Fla. Stat. § 787.06(3)(g)) · Sale or transfer of minor custody leading to trafficking: Life Felony (Fla. Stat. § 787.06(4)(a)) · Capital human trafficking of vulnerable persons for sexual exploitation: Capital Felony (Fla. Stat. § 787.06(5)(a)) · Reclassification for great bodily harm — second to first degree: Felony of the First Degree (Fla. Stat. § 787.06(9)(a))
Which Florida statute covers human trafficking?
Human trafficking is governed by Fla. Stat. § 787.06 (Human trafficking).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.