TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
HEAD
Sec. 1589. Forced labor
STATUTE
(a) Whoever knowingly provides or obtains the labor or services
of a person by any one of, or by any combination of, the following
means -
(1) by means of force, threats of force, physical restraint, or
threats of physical restraint to that person or another person;
(2) by means of serious harm or threats of serious harm to that
person or another person;
(3) by means of the abuse or threatened abuse of law or legal
process; or
(4) by means of any scheme, plan, or pattern intended to cause
the person to believe that, if that person did not perform such
labor or services, that person or another person would suffer
serious harm or physical restraint,
shall be punished as provided under subsection (d).
(b) Whoever knowingly benefits, financially or by receiving
anything of value, from participation in a venture which has
engaged in the providing or obtaining of labor or services by any
of the means described in subsection (a), knowing or in reckless
disregard of the fact that the venture has engaged in the providing
or obtaining of labor or services by any of such means, shall be
punished as provided in subsection (d).
(c) In this section:
(1) The term "abuse or threatened abuse of law or legal
process" means the use or threatened use of a law or legal
process, whether administrative, civil, or criminal, in any
manner or for any purpose for which the law was not designed, in
order to exert pressure on another person to cause that person to
take some action or refrain from taking some action.
(2) The term "serious harm" means 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 or services in order to avoid incurring
that harm.
(d) Whoever violates this section shall be fined under this
title, imprisoned not more than 20 years, or both. If death results
from a violation of this section, or if the violation includes
kidnaping, an attempt to kidnap, aggravated sexual abuse, or an
attempt to kill, the defendant shall be fined under this title,
imprisoned for any term of years or life, or both.
SOURCE
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1486; amended Pub. L. 110-457, title II, Sec. 222(b)(3), Dec.
23, 2008, 122 Stat. 5068.)
AMENDMENTS
2008 - Pub. L. 110-457 amended section generally. Prior to
amendment, section provided penalties for knowingly providing or
obtaining forced labor.
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