TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 77 - PEONAGE, SLAVERY, AND TRAFFICKING IN PERSONS
HEAD
Sec. 1591. Sex trafficking of children or by force, fraud, or
coercion
STATUTE
(a) Whoever knowingly -
(1) in or affecting interstate or foreign commerce, or within
the special maritime and territorial jurisdiction of the United
States, recruits, entices, harbors, transports, provides,
obtains, or maintains 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, or in reckless disregard of the fact, that means of force,
threats of force, fraud, coercion described in subsection (e)(2),
or any combination of such means 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 means of force, threats of
force, fraud, or coercion described in subsection (e)(2), or by
any combination of such means, or if the person recruited,
enticed, harbored, transported, provided, or obtained had not
attained the age of 14 years at the time of such offense, by a
fine under this title and imprisonment for any term of years not
less than 15 or for life; or
(2) if the offense was not so effected, and the person
recruited, enticed, harbored, transported, provided, or obtained
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
and imprisonment for not less than 10 years or for life.
(c) In a prosecution under subsection (a)(1) in which the
defendant had a reasonable opportunity to observe the person so
recruited, enticed, harbored, transported, provided, obtained or
maintained, the Government need not prove that the defendant knew
that the person had not attained the age of 18 years.
(d) Whoever obstructs, attempts to obstruct, or in any way
interferes with or prevents the enforcement of this section, shall
be fined under this title, imprisoned for a term not to exceed 20
years, or both.
(e) 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 "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 "commercial sex act" means any sex act, on account
of which anything of value is given to or received by any person.
(4) 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 commercial sexual activity in order to avoid
incurring that harm.
(5) The term "venture" means any group of two or more
individuals associated in fact, whether or not a legal entity.
SOURCE
(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114
Stat. 1487; amended Pub. L. 108-21, title I, Sec. 103(a)(3), Apr.
30, 2003, 117 Stat. 653; Pub. L. 108-193, Sec. 5(a), Dec. 19, 2003,
117 Stat. 2879; Pub. L. 109-248, title II, Sec. 208, July 27, 2006,
120 Stat. 615; Pub. L. 110-457, title II, Sec. 222(b)(5), Dec. 23,
2008, 122 Stat. 5069.)
AMENDMENTS
2008 - Subsec. (a). Pub. L. 110-457, Sec. 222(b)(5)(A)(ii),
substituted ", or in reckless disregard of the fact, that means of
force, threats of force, fraud, coercion described in subsection
(e)(2), or any combination of such means" for "that force, fraud,
or coercion described in subsection (c)(2)" in concluding
provisions.
Subsec. (a)(1). Pub. L. 110-457, Sec. 222(b)(5)(A)(i),
substituted "obtains, or maintains" for "or obtains".
Subsec. (b)(1). Pub. L. 110-457, Sec. 222(b)(5)(C), substituted
"means of force, threats of force, fraud, or coercion described in
subsection (e)(2), or by any combination of such means," for
"force, fraud, or coercion".
Subsecs. (c), (d). Pub. L. 110-457, Sec. 222(b)(5)(D), added
subsecs. (c) and (d). Former subsec. (c) redesignated (e).
Subsec. (e). Pub. L. 110-457, Sec. 222(b)(5)(B), (E),
redesignated subsec. (c) as (e), added pars. (1) and (4), and
redesignated former pars. (1) and (3) as (3) and (5), respectively.
2006 - Subsec. (b)(1). Pub. L. 109-248, Sec. 208(1), substituted
"and imprisonment for any term of years not less than 15 or for
life" for "or imprisonment for any term of years or for life, or
both".
Subsec. (b)(2). Pub. L. 109-248, Sec. 208(2)(B), which directed
amendment of subsec. (b)(2) by striking out ", or both", could not
be executed because that language did not appear in text subsequent
to amendment by Pub. L. 109-248, Sec. 208(2)(A). See below.
Pub. L. 109-248, Sec. 208(2)(A), substituted "and imprisonment
for not less than 10 years or for life" for "or imprisonment for
not more than 40 years, or both".
2003 - Pub. L. 108-193, Sec. 5(a)(1), inserted comma after
"fraud" in section catchline.
Subsec. (a)(1). Pub. L. 108-193, Sec. 5(a)(2), substituted "in or
affecting interstate or foreign commerce, or within the special
maritime and territorial jurisdiction of the United States" for "in
or affecting interstate commerce".
Subsec. (b). Pub. L. 108-193, Sec. 5(a)(3), substituted "the
person recruited, enticed, harbored, transported, provided, or
obtained" for "the person transported" in pars. (1) and (2).
Subsec. (b)(2). Pub. L. 108-21 substituted "40" for "20".
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