Accused of Labor or Sex Trafficking in Georgia? Here’s What You Need to Know
Human trafficking is one of the most serious criminal charges a person can face in Georgia. The state has taken an aggressive stance against trafficking crimes, especially those involving minors or sexual servitude.
But human trafficking charges aren’t always what they seem. In many cases, law enforcement may overreach or misinterpret facts, leading to innocent people being wrongfully accused.
If you or someone you know has been charged with human trafficking in Georgia, it's essential to understand what the law actually says, the penalties involved, the difference between labor and sex trafficking, and what defenses may be available.
As Georgia Human Trafficking Lawyers, we wanted to prepare this comprehensive guide, we break down everything you need to know to make informed decisions and protect your rights.
What Is Human Trafficking Under Georgia Law?
Under Georgia law (O.C.G.A. § 16-5-46), human trafficking is defined as knowingly subjecting, or attempting to subject, another person to labor or sexual servitude through coercion, deception, force, or abuse of legal process. The statute encompasses a wide range of behaviors, from recruitment and transportation to harboring or providing a person for exploitation.
The crime is broadly categorized into two types:
- Labor Servitude: Using a person for labor or services through coercion or deception.
- Sexual Servitude: Using a person for commercial sex acts through coercion, deception, force, or abuse of vulnerability.
Importantly, consent is not a defense when the victim is under the age of 18. This means even if a minor appears to willingly participate, the law still considers it trafficking.
Trafficking for Labor vs. Trafficking for Sexual Servitude
Georgia law treats both labor trafficking and sex trafficking as forms of human trafficking, but they involve different elements and real-world circumstances.
Labor Trafficking
Labor trafficking often occurs in industries such as agriculture, domestic work, construction, and restaurant services. Victims may be:
- Misled about working conditions
- Threatened with deportation or harm
- Forced to work under exploitative contracts
- Kept in debt bondage
Labor trafficking is less visible than sex trafficking but equally serious in the eyes of the law.
Sex Trafficking
Sex trafficking typically involves:
- Minors coerced into prostitution
- Adults forced to perform commercial sex acts
- Victims manipulated through drugs, threats, or false promises
Georgia has been labeled a hotspot for sex trafficking due to its major highways, international airport, and large urban centers like Atlanta.
Key Human Trafficking Statutes in Georgia
The primary statute dealing with human trafficking in Georgia is O.C.G.A. § 16-5-46. This law outlines what constitutes trafficking, the different methods of coercion, and enhanced penalties for trafficking minors.
Other relevant laws include:
- O.C.G.A. § 16-6-1 to 16-6-13 (Prostitution, pimping, pandering)
- O.C.G.A. § 16-12-100 (Sexual exploitation of children)
- O.C.G.A. § 16-5-40 (Kidnapping)
- O.C.G.A. § 16-8-2 (Theft by taking or conversion—sometimes used in labor trafficking cases)
Penalties for Human Trafficking in Georgia
Human trafficking is classified as a felony under Georgia law. The penalties are severe and increase significantly when minors are involved. Penalties can include:
For Adult Victims
- Lengthy Imprisonment
- Fines up to tens of thousands of dollars
- Mandatory restitution to the victim
- Sex offender registration (if sexual servitude is involved)
For Minor Victims
- Long Imprisonment, including possibly life
- No parole eligibility for a portion of the sentence
- Sex offender registration required
If the accused has prior convictions or used violence or weapons during the trafficking, enhanced penalties may apply.
How Prosecutors Prove Human Trafficking
To convict someone of human trafficking in Georgia, prosecutors must prove:
- The defendant knowingly recruited, enticed, harbored, transported, provided, or obtained the victim
- The purpose was to subject the victim to labor or sexual servitude
- Coercion, deception, force, or abuse of process was used (except when the victim is a minor)
Key evidence often includes:
- Testimony from victims
- Surveillance footage
- Phone records, text messages, or social media messages
- Financial transactions
- Immigration documentation
Prosecutors may also attempt to use statements made by co-defendants or cooperating witnesses.
Federal vs. State Human Trafficking Charges
Human trafficking can be prosecuted under both state and federal law.
State Charges
Handled by Georgia's district attorneys. Typically focus on incidents within the state or involving minor victims in known trafficking rings.
Federal Charges
Under the Trafficking Victims Protection Act (TVPA) and 18 U.S.C. § 1591, federal charges can involve:
- Cross-state or international trafficking
- Large-scale operations or conspiracies
- Involvement with organized crime
Federal penalties often include mandatory minimum sentences and can go up to life imprisonment. The federal government also has more investigative resources and harsher sentencing guidelines.
Defenses to Human Trafficking Charges
Human trafficking charges can be challenged, and not every accusation leads to a conviction. Common defenses include:
1. Lack of Knowledge or Intent
The defendant must have “knowingly” trafficked the victim. If you were unaware of the trafficking activity or coerced into participating, this could be a strong defense.
2. False Accusation
Victims may falsely accuse someone due to fear, manipulation, revenge, or misunderstanding. Thorough investigation can reveal inconsistencies in their story.
3. Mistaken Identity
You may have been mistakenly identified as someone involved in trafficking due to poor surveillance, weak witness identification, or fabricated testimony.
4. No Coercion or Force (for Adults)
If the alleged victim willingly engaged in the conduct without coercion, deception, or force—and is an adult—then the case may not meet the statutory definition of trafficking.
5. Violation of Constitutional Rights
If law enforcement violated your rights (e.g., illegal search and seizure, coerced confession), the evidence may be suppressed.
6. Entrapment
If undercover officers induced you to commit trafficking when you otherwise wouldn’t have, this may qualify as entrapment.
Wrongful Accusations and Overreach
Unfortunately, human trafficking laws—while important—are sometimes used too broadly. Individuals have been charged for:
- Giving a ride to someone involved in sex work
- Renting a room to someone without knowing their occupation
- Providing money to a friend who is later accused of trafficking
These scenarios can lead to innocent people being pulled into serious criminal cases simply through association or misunderstanding.
In some labor trafficking cases, disputes between employers and workers over pay or conditions can lead to criminal allegations. It's essential to evaluate whether the coercion element is truly present.
Why You Need a Georgia Human Trafficking Defense Lawyer
Because of the high stakes, complex evidence, and emotionally charged nature of human trafficking cases, you should never face these charges alone.
An experienced Georgia criminal defense attorney can:
- Investigate the full facts of the case
- Challenge illegal police conduct
- Find holes in the prosecution’s theory
- Negotiate reduced charges or dismissals
- Fight aggressively in court, if necessary
Many trafficking cases hinge on credibility, and your attorney can cross-examine witnesses and expose unreliable testimony.
Additionally, if your case is being prosecuted federally, your defense must be even more strategic, as the federal system is known for tough penalties and well-resourced investigations.
Here are some recent statistics and notable cases related to human trafficking in Georgia:
Key Human Trafficking Statistics in Georgia
- Almost a 100% Conviction Rate: In 2023, Georgia achieved a 100% conviction rate in human trafficking cases, reflecting the state's commitment to prosecuting these crimes effectively.
- Victims Rescued: In the same year, 129 victims of human trafficking were rescued across the state.
- Youth Vulnerability: The average age of trafficking victims in Georgia is between 12 and 14 years old. Notably, over 91% of domestic minor sex trafficking victims were enrolled in school at the time of their exploitation.
- Prevalence Across Counties: In 2022, confirmed cases of child sex trafficking were reported in 127 of Georgia's counties, indicating the widespread nature of the issue.
Notable Human Trafficking Cases in Georgia
- Operation Macon Plays: In November 2024, a multi-agency undercover operation led to the arrest of 13 individuals involved in sex trafficking and commercial sex activities in the Macon and Bibb County area.
- Gwinnett County Convictions: In December 2024, two individuals were convicted in Gwinnett County for charges related to human trafficking and gang activity. One defendant received a 25-year sentence, while another was sentenced to 15 years.
- Labor Trafficking Operation: In March 2025, a joint operation involving ICE and other agencies uncovered a labor trafficking scheme at Wellmade Performance Flooring in Bartow County. The operation resulted in arrests and the rescue of numerous victims.
- Operation Wrong Room: In August 2024, the Georgia Bureau of Investigation arrested 17 individuals in a crackdown on human trafficking across the state.
Sex Trafficking Lawyers – Human Trafficking Lawyers
If you are facing human trafficking charges in Georgia—whether for labor or sexual servitude—you need legal representation immediately. These charges can ruin your life, destroy your reputation, and lead to decades behind bars.
At The Sherman Law Group, we have extensive experience as Georgia criminal law attorneys defending clients against serious felony charges, including human trafficking, sex crimes, and federal indictments. We understand the nuances of Georgia law and are ready to fight for your freedom and future.
Call us today for a confidential case review. Let us help you protect your rights and build your strongest defense.