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THEMARICOPAMOD.COM / CRIME

Prop 313 sends strong message against sex trafficking, but some worry about victims

However, some legal experts caution.
PUBLISHED NOV 8, 2024
The new sentencing guidelines are set to take effect immediately.
The new sentencing guidelines are set to take effect immediately.

Phoenix, Arizona: Arizona voters have passed Proposition 313, a measure that enforces life sentences for those convicted of child sex trafficking offenses. The new law mandates that traffickers convicted of exploiting children, particularly those under 15, face life imprisonment without the possibility of parole.

Prop 313 is the result of Arizona lawmakers and advocates arguing that the lifetime penalty is essential for removing high-level traffickers from the community. Many supporters of Prop 313 believe it sends a powerful message that Arizona will no longer tolerate lenient sentences for heinous crimes involving the exploitation of children.

This measure eliminates judicial discretion in sentencing for such offenses, replacing the previous system where sentences ranged from seven years to life imprisonment, depending on factors like the victim's age and the offender's criminal history. Yavapai County Sheriff David Rhodes stated, "We see this as a clear message that Arizona will not tolerate child sex trafficking."

This measure eliminates judicial discretion in sentencing for such offenses.
This measure eliminates judicial discretion in sentencing for such offenses.

However, some legal experts caution that the strict sentencing guidelines may inadvertently impact individuals who were also victims within the trafficking networks. Under certain trafficking dynamics, older victims may be coerced into recruiting other children under duress. In these cases, defenders of the law argue that appropriate distinctions and protections are necessary to avoid harsh penalties for those forced into complicity.

“There’s a real need to ensure that victims caught in the web aren’t subjected to the same punishments as the traffickers,” a former Maricopa County prosecutor told Arizona's Family. “A 21-year-old who was coerced or threatened into trafficking other minors shouldn’t be facing life sentences. We must be able to identify the real predators and treat the victims within these rings with compassion and support.”

Jenna Panas, CEO of the Arizona Coalition to End Sexual and Domestic Violence, noted, "It’s common for victims of sex trafficking to be forced or coerced into trafficking others, and we are absolutely certain that victims will be sentenced to life imprisonment for actions they were forced into."

The new sentencing guidelines are set to take effect immediately, with prosecutors, defense attorneys, and lawmakers continuing discussions to refine the implementation for fair, targeted enforcement.

In 2022, US attorneys referred 1,912 individuals for human trafficking offenses, marking a 26% increase from 2012. During the same period, 1,656 individuals were prosecuted, more than doubling the number from 2012. Additionally, 1,118 individuals were convicted of human trafficking offenses in 2022, up from 578 in 2012.

The National Human Trafficking Hotline reported that, in 2019, a significant number of identified trafficking situations originated from text communications, with a 33% increase from the previous year.

In 2024, a large-scale sting operation during the Comic-Con International convention in San Diego led to the arrest of 14 suspects and the identification of 10 potential victims. 

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