ORANGE COUNTY DISTRICT ATTORNEY PRESS RELEASE
TONY RACKAUCKAS, District Attorney
Case # 16NF1968
Date: July 11, 2016
SANTA ANA, Calif. – A motel worker was arraigned today for the attempted human trafficking, pimping, and pandering of a fictitious minor girl on social media. Daniel Negrete Herrera, 28, Fullerton, is charged with one felony count of human trafficking of a minor, one felony count of attempted pimping of a minor, one felony count of attempted pimping, and one felony count of pandering by procuring. If convicted, Herrera faces a maximum sentence of 12 years in state prison. Herrera was arraigned today and is scheduled for a pre-trial hearing on July 19, 2016, at 8:30 a.m. in Department N-12, North Justice Center, Fullerton.
Circumstances of the Case
Herrera is accused of being a human trafficker/pimp who exploits women and/or children for financial gain. With the rise in popularity of social media and ease of meeting people on the Internet, many pimps and human traffickers utilize a variety of social media to locate potential victims. Victims are often required to turn over payment they receive for sex acts from sex purchasers to their pimp.
At the time of the crime, Herrera is accused of working as a front desk attendant at a motel located in Stanton.
On July 1, 2016, Herrera is accused of contacting an undercover officer, whom he believed to be a 17-year-old girl on a social networking website. Herrera is accused of attempting to offer the fictitious minor a room, in which to engage in commercial sex acts, in return for a payment of $20 per visit. The defendant is also accused of acting as a lookout for possible police exposure in the area when potential sex purchasers arrived at the motel.
An undercover officer set up a meeting with the fictitious minor in a motel room. Herrera is accused of taking payment from the fictitious minor. Members of the Orange County Human Trafficking Task Force (OCHTTF) subsequently arrested Herrera at the motel.
Members of OCHTTF and the Orange County District Attorney’s (OCDA) Office work proactively to protect women and minors from falling victim to commercial sexual exploitation. This case was investigated by OCHTTF, a partnership between Anaheim Police Department, California Highway Patrol, Federal Bureau of Investigation, Huntington Beach Police Department, Irvine Police Department, OCDA, Orange County Sheriff’s Department, Santa Ana Police Department and community and non-profit partners.
Deputy District Attorney Bryan Clavecilla 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.
A component of the OCHTTF is the OCDA’s Human Exploitation And Trafficking (HEAT) Unit, which 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.
TONY RACKAUCKAS, District Attorney
Susan Kang Schroeder, Chief of Staff