US (United States) Code. Title 18. Chapter 77: Peonage and slavery

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 77 - PEONAGE AND SLAVERY 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

.

-HEAD-

CHAPTER 77 - PEONAGE AND SLAVERY

-MISC1-

Sec.

1581. Peonage; obstructing enforcement.

1582. Vessels for slave trade.

1583. Enticement into slavery.

1584. Sale into involuntary servitude.

1585. Seizure, detention, transportation or sale of slaves.

1586. Service on vessels in slave trade.

1587. Possession of slaves aboard vessel.

1588. Transportation of slaves from United States.

1589. Forced labor.

1590. Trafficking with respect to peonage, slavery, involuntary

servitude, or forced labor.

1591. Sex trafficking of children or by force, fraud, or coercion.

1592. Unlawful conduct with respect to documents in furtherance of

trafficking, peonage, slavery, involuntary servitude, or forced

labor.

1593. Mandatory restitution.

1594. General provisions.

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 chapter 81, ''Piracy and Privateering''.

AMENDMENTS

2000 - Pub. L. 106-386, div. A, Sec. 112(a)(3), Oct. 28, 2000,

114 Stat. 1489, added items 1589 to 1594.

1949 - Act May 24, 1949, ch. 139, Sec. 36, 63 Stat. 95,

substituted a semicolon for comma after ''Peonage'' in item 1581.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 14135a.

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18 USC Sec. 1581 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1581. Peonage; obstructing enforcement

-STATUTE-

(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).

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat.

3009-573; Pub. L. 106-386, div. A, Sec. 112(a)(1), Oct. 28, 2000,

114 Stat. 1486.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 444, 445 (Mar. 4, 1909,

ch. 321, Sec. 269, 270, 35 Stat. 1142).

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 section 2 of

this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-386 substituted ''20 years'' for

''10 years'' and inserted at end ''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.''

1996 - Subsec. (a). Pub. L. 104-208 substituted ''10 years'' for

''five years''.

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $5,000''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 218(d) of div. C of Pub. L. 104-208 provided that:

''This section (amending this section and sections 1583, 1584, and

1588 of this title and enacting provisions set out as notes under

section 994 of Title 28, Judiciary and Judicial Procedure) and the

amendments made by this section shall apply with respect to

offenses occurring on or after the date of the enactment of this

Act (Sept. 30, 1996).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1594, 1961 of this

title; title 8 section 1101.

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18 USC Sec. 1582 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1582. Vessels for slave trade

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 424 (Mar. 4, 1909, ch.

321, Sec. 249, 35 Stat. 1139).

Words ''within the United States'' were substituted for ''within

the jurisdiction of the United States''. See section 5 of this

title defining ''United States''.

Provision for division of the fine and its recovery by private

person was omitted. (See reviser's note under section 1585 of this

title.)

Mandatory-punishment provisions were rephrased in the

alternative.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

8 section 1101.

-CITE-

18 USC Sec. 1583 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1583. Enticement into slavery

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 772; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat.

3009-573; Pub. L. 106-386, div. A, Sec. 112(a)(1), Oct. 28, 2000,

114 Stat. 1486.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 443 (Mar. 4, 1909, ch.

321, Sec. 268, 35 Stat. 1141).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes were made in paragraphing of section.

AMENDMENTS

2000 - Pub. L. 106-386, in last par., substituted ''20 years''

for ''10 years'' and inserted at end ''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.''

1996 - Pub. L. 104-208 substituted ''10 years'' for ''five

years'' in last par.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to offenses

occurring on or after Sept. 30, 1996, see section 218(d) of Pub. L.

104-208, set out as a note under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1594, 1961 of this

title; title 8 section 1101.

-CITE-

18 USC Sec. 1584 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1584. Sale into involuntary servitude

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat.

3009-573; Pub. L. 106-386, div. A, Sec. 112(a)(1), Oct. 28, 2000,

114 Stat. 1486.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 423, 446 (Mar. 4, 1909,

ch. 321, Sec. 248, 271, 35 Stat. 1139, 1142).

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 section 2 of

this title.

Provisions as to holding of kidnapped persons were omitted as

superseded by section 1201 of this title and original text relating

to sale or holding to involuntary servitude retained.

Words ''within the United States'' were substituted for ''within

the jurisdiction of the United States''. (See section 5 of this

title defining ''United States''.)

The punishment provisions were derived from section 446 of title

18, U.S.C., 1940 ed., as more consistent with other sections of

this chapter.

The requirement of section 423 of title 18, U.S.C., 1940 ed., for

payment of one-half the fine ''for the use of the person

prosecuting the indictment to effect'' was omitted as meaningless.

(See also reviser's note under section 1585 of this title.)

Mandatory-punishment provisions were rephrased in the

alternative.

Minor changes were made in phraseology.

AMENDMENTS

2000 - Pub. L. 106-386 substituted ''20 years'' for ''10 years''

and inserted at end ''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.''

1996 - Pub. L. 104-208 substituted ''10 years'' for ''five

years''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to offenses

occurring on or after Sept. 30, 1996, see section 218(d) of Pub. L.

104-208, set out as a note under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1594, 1961 of this

title; title 8 section 1101; title 22 section 7101.

-CITE-

18 USC Sec. 1585 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1585. Seizure, detention, transportation or sale of slaves

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 421, 422, 425 (Mar. 4,

1909, ch. 321, Sec. 246, 247, 250, 35 Stat. 1138, 1139).

Section consolidates and restores three basic sections (act May

25, 1820, ch. 113, Sec. 4, 5, 3 Stat. 600, 601; act Apr. 20, 1818,

ch. 91, Sec. 4, 3 Stat. 451). As reenacted in the Revised Statutes,

such sections were extended and broadened beyond such basic acts.

The language at the beginning, ''being a citizen or resident of the

United States'', was inserted from said section 425 of title 18,

U.S.C., 1940 ed., as enacted originally. While the basic

provisions of said sections 421 and 422 are thus broadened, their

application as enacted in the 1909 Criminal Code is narrowed.

Designation in said section 421 of title 18, U.S.C., 1940 ed., of

offender as a ''pirate'' was omitted as unnecessary. The

punishment provision of section 1582 of this title (incorporated by

reference in said section 425) has been adopted as consistent with

other slave-trade statutes rather than the life-imprisonment

penalty contained in said sections 421 and 422 of title 18, U.S.C.,

1940 ed. However, the requirement in section 1582 of this title

that one-half the fine be for the ''use of the person prosecuting

the indictment to effect'' was omitted as meaningless.

Mandatory-punishment provisions were rephrased in the

alternative.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

8 section 1101.

-CITE-

18 USC Sec. 1586 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1586. Service on vessels in slave trade

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 427 (Mar. 4, 1909, ch.

321, Sec. 252, 35 Stat. 1139).

Mandatory-punishment provisions were rephrased in the

alternative.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

-CITE-

18 USC Sec. 1587 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1587. Possession of slaves aboard vessel

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 426 (Mar. 4, 1909, ch.

321, Sec. 251, 35 Stat. 1139).

Mandatory-punishment provisions were rephrased in the

alternative.

Minor change was made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

-CITE-

18 USC Sec. 1588 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1588. Transportation of slaves from United States

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 773; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 218(a), Sept. 30, 1996, 110 Stat.

3009-573.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 428 (Mar. 4, 1909, ch.

321, Sec. 253, 35 Stat. 1139).

Words ''subject to the jurisdiction of'' which appeared twice in

this section were omitted and ''within'' substituted, in view of

section 5 of this title defining ''United States''.

AMENDMENTS

1996 - Pub. L. 104-208 substituted ''10 years'' for ''five

years''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 applicable with respect to offenses

occurring on or after Sept. 30, 1996, see section 218(d) of Pub. L.

104-208, set out as a note under section 1581 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title; title

8 section 1101.

-CITE-

18 USC Sec. 1589 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1589. Forced labor

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114

Stat. 1486.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1594 of this title.

-CITE-

18 USC Sec. 1590 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1590. Trafficking with respect to peonage, slavery,

involuntary servitude, or forced labor

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114

Stat. 1487.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1594 of this title.

-CITE-

18 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1591. Sex trafficking of children or by force, fraud (FOOTNOTE

1) or coercion

-STATUTE-

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(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.

-SOURCE-

(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114

Stat. 1487.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1592, 1594 of this title.

-CITE-

18 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1592. Unlawful conduct with respect to documents in

furtherance of trafficking, peonage, slavery, involuntary

servitude, or forced labor

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114

Stat. 1488.)

-REFTEXT-

REFERENCES IN TEXT

Section 103 of the Trafficking Victims Protection Act of 2000,

referred to in subsecs. (a)(3) and (b), is classified to section

7102 of Title 22, Foreign Relations and Intercourse.

-CITE-

18 USC Sec. 1593 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1593. Mandatory restitution

-STATUTE-

(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 (29

U.S.C. 201 et seq.).

(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.

-SOURCE-

(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114

Stat. 1488.)

-REFTEXT-

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, 52 Stat. 1060, as amended, which is classified

generally to chapter 8 (Sec. 201 et seq.) of Title 29, Labor. For

complete classification of this Act to the Code, see section 201 of

Title 29 and Tables.

-CITE-

18 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 77 - PEONAGE AND SLAVERY

-HEAD-

Sec. 1594. General provisions

-STATUTE-

(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 chapter 46 of this title relating to civil

forfeitures shall extend to any seizure or civil forfeiture under

this subsection.

(d) Witness Protection. - Any violation of this chapter shall be

considered an organized criminal activity or other serious offense

for the purposes of application of chapter 224 (relating to witness

protection).

-SOURCE-

(Added Pub. L. 106-386, div. A, Sec. 112(a)(2), Oct. 28, 2000, 114

Stat. 1489.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1592 of this title.

-CITE-