Human Trafficking in Florida by Hannah Chisler: Forms

SWORN STATEMENT/HUMAN TRAFFICKING VICTIM

State of Florida

County of __________

I, ... (name of defendant/petitioner) ...., am the defendant/petitioner in the above-styled cause and I do hereby swear or affirm that:

(h) I fully understand the meaning of all of the terms of this sworn statement.

(i) I have been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and have committed, or was reported to have committed, an offense, other than those offenses listed in section 775.084(1)(b)1, Florida Statutes, which was committed, or reported to have been committed, as a part of a human trafficking scheme of which I was the victim or at the direction of an operator of the scheme.

(j) I was arrested and/or convicted on ... (date(s))..., by ... (arresting agency and/or name of prosecuting authority) ...

(k) I am eligible for the relief requested, to the best of my knowledge and belief, and ...(do or do not)... have any other petition to expunge or seal pending before any court.

____________________

Petitioner

Sworn to and subscribed before me on ... (date) ...

______________________________

NOTARY PUBLIC, or other person authorized to administer an oath

Printed, typed, or stamped commissioned name of Notary Public

Personally known .......... or produced identification .............

Type of identification produced .......... My commission expires:

(c) Order to Expunge; Human Trafficking Victim.

In the Circuit Court of the

__________ Judicial Circuit, in and for __________ County, Florida

Case No.: __________

Division __________

State of Florida, Plaintiff,

v.

__________ Defendant/Petitioner.

__________

 

PETITION TO EXPUNGE/HUMAN TRAFFICKING VICTIM

The petitioner, ....., by and through the undersigned attorney, petitions this honorable court, under Florida Rule of Criminal Procedure 3.693 and section 943.0583, Florida Statutes, to expunge all criminal history record information in the custody of any criminal justice agency and the official records of the court concerning the petitioner's arrest and/or conviction on ..... (date(s)). ....., by ..... (arresting agency and/or prosecuting authority). ....., for ..... (charges and/or offenses) ......, and as grounds therefor shows:

1. On ..... (date(s)) ....., the petitioner, ....., a.(race/sex) ....., whose date of birth is ..... (date of birth) ....., was arrested by ..... (arresting agency) ....., and charged with ......(charges) ..... or was convicted by ..... (name of prosecuting authority) ..... of ......(offenses) ......

2. The petitioner has been the victim of human trafficking, as discussed in section 787.06, Florida Statutes, and has committed, or is reported to have committed, an offense, other than those offenses listed in section, 775.084(1)(b)1, Florida Statutes1, Florida Statutes, which was committed, or reported to have been committed, as a part of a human trafficking scheme of which he/she was the victim or at the direction of an operator of the scheme as evidenced by the attached official documentation of his/her status, or may be shown by clear and convincing evidence presented to the Court.

WHEREFORE, the petitioner moves to expunge any criminal history record information and any official court records regarding his/her arrest and/or conviction by ..... (arresting agency and/or name of prosecuting authority) ....., for ..... (charges and/or offenses) ....., on ..... (date(s)). .....

I HEREBY CERTIFY that a true and correct copy of the foregoing pleading has been served on ..... (name of prosecuting authority) ......, (check one) ..... State Attorney for the ..... Judicial Circuit, in and for ..... County, ..... Special Prosecutor, ..... Statewide Prosecutor; ..... (arresting agency). .....; ..... (Sheriff of county in which defendant was arrested, if different); and the Florida Department of Law Enforcement, on ..... (date) .....

______________________________

Name:

Address:

City/State:

Telephone Number:

E-mail Address:

Fla. Bar No.:

Personally known ..... or produced identification ...... Type of identification produced ......

My commission expires:

(b) Sworn Statement in Support of Petition; Human Trafficking Victim.

In the Circuit Court of the

_____ Judicial Circuit, in and for _____ County, Florida

Case No.: _____

Division _____

State of Florida, Plaintiff,

v.

_____ Defendant/Petitioner.

_____

XVIII. FORMS, RCRP FL-CLE 307

Elements of the Offense: Sex Trafficking FORM 485-47A-18

Instruction 47A-17 The Indictment and the Statute

1. Instruction 47A-19 First Element—Recruiting, Enticing, Transporting or Harboring
2. Instruction 47A-20 Second Element—Age of Victim
3. Instruction 47A-21 Second Element—Use of Force, Fraud, or Coercion
4. Instruction 47A-22 Third Element—Commercial Sex Act
5. Instruction 47A-23 Fourth Element—Affecting Interstate Commerce

Lexis+ Sample Forms - Jury Instructions 

• Instruction 47A-17 The Indictment and the Statute
• 2.68 SEX TRAFFICKING 18 U.S.C. § 1591(a)(1) - FORM 485-5thcir2.68
• 8.134A SEX TRAFFICKING OF CHILDREN OR BY FORCE (18 U.S.C. § 1591(a)(1)) - FORM 485-8.134A
• 8.134B SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD OR COERCION—BENEFITTING FROM PARTICIPATION IN VENTURE (18 U.S.C. § 1591(a)(2)) - FORM 485-8.134B
• 6.18.1591 SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD, OR COERCION (18 U.S.C. § 1591(A)(1)) FORM 485-6.18.1591
• 16.12 SEX TRAFFICKING (18 U.S.C. § 1591(a)(1))
• 63  Sex Trafficking of Children or by Force, Fraud, or Coercion 18 U.S.C. § 1591(a)(1)

Elements of Involuntary Servitude 

Instruction 47A-9 Elements of the Offense - FORM 485-47A-9 

1. Instruction 47A-3 First Element—Involuntary Servitude
2. Instruction 47A-4 Second Element—Duration of Servitude
3. Instruction 47A-5 Third Element - Knowing and Willful Conduct 
4. Instruction 47A-6 Fourth Element - Peonage 
5. Instruction 47A-7 Fifth Element - Death, Kidnapping, or Sexual Abuse

Elements of Forced Labor 

Instruction 47A-8 The Indictment and the Statute 

Instruction 47A-9 Elements of the Offense 

1. Instruction 47A-10 First Element—Obtaining Labor or Services of Another
2. Instruction 47A-11 Second Element—Force or Restrain
3. Instruction 47A-12 Second Element—Threat of Serious Har
4. Instruction 47A-13 Second Element—Abuse of Legal Process
5. Instruction 47A-14 Second Element—Scheme or Plan
6. Instruction 47A-15 Third Element—Defendant Acted Knowingly
7. Instruction 47A-16 Fourth Element—Death, Kidnapping, or Sexual Abuse