Best Defender Bytes:

September 23, 2013


Filed under: California Defense Attorney — fayarfa @ 12:32 am

SANTA ANA - A pimp and a recruiter are scheduled to be arraigned today for trafficking a 16-year-old girl and having sex with her after meeting through a social networking website. Donshawn Eugene Miller, 30, San Diego, is charged with one felony count each of, human trafficking, pimping a minor, pandering with a minor over 16 years old by procuring, unlawful sexual intercourse, pimping, and pandering. Ivylynn Renee Reid, 21, Los Angeles, is charged with one felony count each of human trafficking, pimping a minor, pandering with a minor over 16 years old by procuring, and oral copulation of a minor. If convicted, Miller faces a maximum sentence of 14 years in state prison and Reid faces a maximum sentence of 12 years and 8 months in state prison. The defendants are being held on $250,000 bail and are scheduled for continued arraignment today, Sept. 20, 2013, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

In the pimp/prostitution subculture, pimps exploit women and/or children for financial gain often assign ranks to the women they exploit. They often establish rigid rules that their victims are expected to follow including requiring victims to speak only when spoken to, address the pimp as “Sir” or “Daddy,” assigning seats in the car based on “rank,” and setting daily quotas that the victims are expected to fulfill. The victims are required to turn over all payment they receive for sex acts from sex purchasers to their pimp. Failure to follow these rules can result in deprivation of food and/or physical or emotional abuse.

Circumstances of the Case

Miller is accused of being a pimp/modern-day slave owner and Reid is accused of working for him as a prostitute and recruiting other women to engage in commercial sex for Miller. Reid is accused of being the highest-ranking of Miller’s prostitutes.

In August 2013, Reid is accused of meeting 16-year-old Jane Doe on a social networking website. Reid is accused of arranging a meeting with Jane Doe after discussing with the victim on being able to provide her a wealthier lifestyle.

Between Aug. 10, 2013, and Aug. 23, 2013, Reid and Miller are accused of picking up Jane Doe and driving her to a motel room. Reid is accused of orally copulating Jane Doe and Miller is accused of having intercourse with the victim.

Reid is accused of showing Jane Doe the prostitution routes in Anaheim and prices to charge sex purchasers for various sex acts. Reid is accused of taking sexually suggestive photos of Jane Doe and posting advertisements of the victim on a website known for prostitution. Reid is accused of taking the money the victim made from commercial sex and transferring the money to Miller.

At approximately 3:00 p.m. on Aug. 23, 2013, an Anaheim Police Department (APD) officer spoke to Jane Doe on the street and began investigating Reid and Miller. On Aug. 30, 2013, APD arrested Reid in Los Angeles and on Sept. 2, 2013, APD arrested Miller in Hemet.

This case was investigated by APD and Deputy District Attorney Brad Schoenleben of the HEAT Unit is prosecuting this case.

Proposition 35 and HEAT

In November 2012, California’s anti-human trafficking Proposition 35 (Prop 35) was enacted in California with 81 percent of the vote, and over 82 percent of the vote in Orange County, to increase the penalty for human trafficking, particularly in cases involving the trafficking of a minor by force.

The Orange County District Attorney’s Human Exploitation And Trafficking (HEAT) Unit targets perpetrators who sexually exploit and traffic women and underage girls for financial gain, including pimps, panderers, and human traffickers. The HEAT Unit uses a tactical plan called PERP: Prosecution, to bring justice for victims of human trafficking and hold perpetrators responsible using Prop 35; Education, to provide law enforcement training to properly handle human trafficking and pandering cases; Resources from public-private partnerships to raise public awareness about human trafficking and provide assistance to the victims; and Publicity, to inform the public and send a message to human traffickers that this crime cannot be perpetrated without suffering severe consequences.

Under the law, human trafficking is described as depriving or violating the personal liberty of another person with the intent to effect a violation of pimping or pandering. Pimping is described as knowingly deriving financial support in whole or in part from the proceeds of prostitution.  Pandering is the act of persuading or procuring an individual to become a prostitute, or procuring and/or arranging for a person work in a house of prostitution.

Penal Code Section 236.1 defines:

(1)       “Coercion” includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person’s judgment.

(2)       “Commercial sex act” means sexual conduct on account of which anything of value is given or received by any person.

(3)       “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.

(4)       “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.

(5)       “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.

(6)       “Great bodily injury” means a significant or substantial physical injury.

(7)       “Minor” means a person less than 18 years of age.

(8)       “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.

(i)        The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.

Orange County District Attorney’s Office / Case # 13NF3021 / September 20, 2013

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