Earlier this week David Chenowith from Palm Coast was arrested for allegedly trafficking teens, and giving them money, drugs and clothes in exchange of sex. He was charged with human trafficking, lewd lascivious battery and unlawful sexual activities with minors.
Under Florida Law human trafficking is defined under § 787.06(2)(d), Fla. Stat., as the act of transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation. This exploitation can manifest in various forms, including forced labor or commercial sex acts. The Florida statute categorizes human trafficking offenses based on the victim’s age and the nature of the exploitation:
- Sex Trafficking: This involves inducing a commercial sex act through force, fraud, or coercion, or if the person induced is under 18 years old.
- Exploitation of Minors: The statute recognizes the particularly severe nature of offenses involving minors, classifying these as more serious than those involving adults.
Lewd and Lascivious battery is another very serious crime under Florida law and it’s defined under section (§ 800.04)(4) as:
- Engaging in sexual activity with a person 12 years of age or older but less than 16 years of age; or
2. Encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.
Some of the strategies that could be used to defend Mr. Chenowith could include:
- Challenging witness credibility: Investigating the witnesses’ motives, prior inconsistencies or biases.
- Lack of intent: Demonstrating there was no intent to engage in human trafficking or lewd and lascivious behavior.
- Coercion: The defendant was forced to commit the offenses.
- False allegations: Demonstrating a motive for the accuser to lie, or presenting evidence that contradicts the claim.
- Mistaken Identity: Providing evidence, the accused was not the individual who committed the crime.
The charges against Mr. Chenowith are very serious and they carry severe penalties, including prison time and stiff fines. Hiring an experienced Criminal Defense Lawy
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.