The prosecutor should engage in open charge selection and not limit the matter to human trafficking-related offenses alone. Charge selection concerns how you choose among provable charges, not how you decide if a charge itself is supported by the evidence. To the degree you have evidentiary issues (such as the victim’s credibility or state of mind), you may be inclined to include a safety-net charge to ensure the offender is convicted of at least one felony.
Prosecuting Image Exploitation (2015), an article from AEquitas, covers various examples of image exploitation crimes that can be charged against an offender that are closely related to HT, such as sexting, revenge porn, stalking, cyberstalking, cyber harassment, video voyeurism, invasion of privacy, child pornography, blackmail, and extortion.
In the end, each count in the indictment must “carry its own weight” in the case; that is, each count must create a tactical or strategic advantage for the prosecution. Just because the elements of an offense might meet the facts adduced during the investigation, it is not enough to justify the presence of that offense in the charging instrument.
Examples of proper “charge advantages” include:
For additional information and tools, visit the Resources 5.5 Strategies for Prosecution and Law Enforcement.