CHAPTER 77 —PEONAGE AND SLAVERY
Historical and Revision Notes
It was felt that further revision of this chapter should be considered at an opportune time for the same reasons stated with respect to
Amendments
2000—
1949—Act May 24, 1949, ch. 139, §36,
§1581. Peonage; obstructing enforcement
(a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
(b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a).
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§444, 445 (Mar. 4, 1909, ch. 321, §§269, 270,
Section consolidates sections 444 and 445 of said title 18, U.S.C., 1940 ed., with changes in phraseology to amplify and clarify their provisions.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in
Amendments
2000—Subsec. (a).
1996—Subsec. (a).
1994—Subsec. (a).
Effective Date of 1996 Amendment
Section 218(d) of div. C of
Section Referred to in Other Sections
This section is referred to in
§1582. Vessels for slave trade
Whoever, whether as master, factor, or owner, builds, fits out, equips, loads, or otherwise prepares or sends away any vessel, in any port or place within the United States, or causes such vessel to sail from any such port or place, for the purpose of procuring any person from any foreign kingdom or country to be transported and held, sold, or otherwise disposed of as a slave, or held to service or labor, shall be fined under this title or imprisoned not more than seven years, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §424 (Mar. 4, 1909, ch. 321, §249,
Words "within the United States" were substituted for "within the jurisdiction of the United States". See
Provision for division of the fine and its recovery by private person was omitted. (See reviser's note under
Mandatory-punishment provisions were rephrased in the alternative.
Minor changes were made in phraseology.
Amendments
1994—
Section Referred to in Other Sections
This section is referred to in
§1583. Enticement into slavery
Whoever kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave; or
Whoever entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the country to be so made or held—
Shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §443 (Mar. 4, 1909, ch. 321, §268,
Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in
Minor changes were made in paragraphing of section.
Amendments
2000—
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§1584. Sale into involuntary servitude
Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§423, 446 (Mar. 4, 1909, ch. 321, §§248, 271,
Sections consolidated with changes of phraseology necessary to effect consolidation.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in
Provisions as to holding of kidnapped persons were omitted as superseded by
Words "within the United States" were substituted for "within the jurisdiction of the United States". (See
The punishment provisions were derived from
The requirement of
Mandatory-punishment provisions were rephrased in the alternative.
Minor changes were made in phraseology.
Amendments
2000—
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§1585. Seizure, detention, transportation or sale of slaves
Whoever, being a citizen or resident of the United States and a member of the crew or ship's company of any foreign vessel engaged in the slave trade, or whoever, being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States, lands from such vessel, and on any foreign shore seizes any person with intent to make that person a slave, or decoys, or forcibly brings, carries, receives, confines, detains or transports any person as a slave on board such vessel, or, on board such vessel, offers or attempts to sell any such person as a slave, or on the high seas or anywhere on tide water, transfers or delivers to any other vessel any such person with intent to make such person a slave, or lands or delivers on shore from such vessel any person with intent to sell, or having previously sold, such person as a slave, shall be fined under this title or imprisoned not more than seven years, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§421, 422, 425 (Mar. 4, 1909, ch. 321, §§246, 247, 250,
Section consolidates and restores three basic sections (act May 25, 1820, ch. 113, §§4, 5,
Designation in said
Mandatory-punishment provisions were rephrased in the alternative.
Amendments
1994—
Section Referred to in Other Sections
This section is referred to in
§1586. Service on vessels in slave trade
Whoever, being a citizen or resident of the United States, voluntarily serves on board of any vessel employed or made use of in the transportation of slaves from any foreign country or place to another, shall be fined under this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §427 (Mar. 4, 1909, ch. 321, §252,
Mandatory-punishment provisions were rephrased in the alternative.
Amendments
1994—
Section Referred to in Other Sections
This section is referred to in
§1587. Possession of slaves aboard vessel
Whoever, being the captain, master, or commander of any vessel found in any river, port, bay, harbor, or on the high seas within the jurisdiction of the United States, or hovering off the coast thereof, and having on board any person for the purpose of selling such person as a slave, or with intent to land such person for such purpose, shall be fined under this title or imprisoned not more than four years, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §426 (Mar. 4, 1909, ch. 321, §251,
Mandatory-punishment provisions were rephrased in the alternative.
Minor change was made in phraseology.
Amendments
1994—
Section Referred to in Other Sections
This section is referred to in
§1588. Transportation of slaves from United States
Whoever, being the master or owner or person having charge of any vessel, receives on board any other person with the knowledge or intent that such person is to be carried from any place within the United States to any other place to be held or sold as a slave, or carries away from any place within the United States any such person with the intent that he may be so held or sold as a slave, shall be fined under this title or imprisoned not more than 10 years, or both.
(June 25, 1948, ch. 645,
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §428 (Mar. 4, 1909, ch. 321, §253,
Words "subject to the jurisdiction of" which appeared twice in this section were omitted and "within" substituted, in view of
Amendments
1996—
1994—
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§1589. Forced labor
Whoever knowingly provides or obtains the labor or services of a person—
(1) by threats of serious harm to, or physical restraint against, that person or another person;
(2) by means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) by means of the abuse or threatened abuse of law or the legal process,
shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
(Added
Section Referred to in Other Sections
This section is referred to in
§1590. Trafficking with respect to peonage, slavery, involuntary servitude, or forced labor
Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in violation of this chapter shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse, or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.
(Added
Section Referred to in Other Sections
This section is referred to in
§1591. Sex trafficking of children or by force, fraud 1 or coercion
(a) Whoever knowingly—
(1) in or affecting interstate commerce, recruits, entices, harbors, transports, provides, or obtains by any means a person; or
(2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1),
knowing that force, fraud, or coercion described in subsection (c)(2) will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall be punished as provided in subsection (b).
(b) The punishment for an offense under subsection (a) is—
(1) if the offense was effected by force, fraud, or coercion or if the person transported had not attained the age of 14 years at the time of such offense, by a fine under this title or imprisonment for any term of years or for life, or both; or
(2) if the offense was not so effected, and the person transported had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title or imprisonment for not more than 20 years, or both.
(c) In this section:
(1) The term "commercial sex act" means any sex act, on account of which anything of value is given to or received by any person.
(2) The term "coercion" means—
(A) threats of serious harm to or physical restraint against any person;
(B) 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; or
(C) the abuse or threatened abuse of law or the legal process.
(3) The term "venture" means any group of two or more individuals associated in fact, whether or not a legal entity.
(Added
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§1592. Unlawful conduct with respect to documents in furtherance of trafficking, peonage, slavery, involuntary servitude, or forced labor
(a) Whoever knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person—
(1) in the course of a violation of section 1581, 1583, 1584, 1589, 1590, 1591, or 1594(a);
(2) with intent to violate section 1581, 1583, 1584, 1589, 1590, or 1591; or
(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person's liberty to move or travel, in order to maintain the labor or services of that person, when the person is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than 5 years, or both.
(b) Subsection (a) does not apply to the conduct of a person who is or has been a victim of a severe form of trafficking in persons, as defined in section 103 of the Trafficking Victims Protection Act of 2000, if that conduct is caused by, or incident to, that trafficking.
(Added
References in Text
Section 103 of the Trafficking Victims Protection Act of 2000, referred to in subsecs. (a)(3) and (b), is classified to
§1593. Mandatory restitution
(a) Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this chapter.
(b)(1) The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses, as determined by the court under paragraph (3) of this subsection.
(2) An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
(3) As used in this subsection, the term "full amount of the victim's losses" has the same meaning as provided in section 2259(b)(3) and shall in addition include the greater of the gross income or value to the defendant of the victim's services or labor or the value of the victim's labor as guaranteed under the minimum wage and overtime guarantees of the Fair Labor Standards Act (
(c) As used in this section, the term "victim" means the individual harmed as a result of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or a representative of the victim's estate, or another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named such representative or guardian.
(Added
References in Text
The Fair Labor Standards Act, referred to in subsec. (b)(3), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676,
§1594. General provisions
(a) Whoever attempts to violate section 1581, 1583, 1584, 1589, 1590, or 1591 shall be punishable in the same manner as a completed violation of that section.
(b) The court, in imposing sentence on any person convicted of a violation of this chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—
(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and
(2) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation.
(c)(1) The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(A) Any property, real or personal, used or intended to be used to commit or to facilitate the commission of any violation of this chapter.
(B) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this chapter.
(2) The provisions of
(d)
(Added
Section Referred to in Other Sections
This section is referred to in