18 U.S.C. § 1589 — Forced labor
submitted 26 years ago by Pub. L. 106-386 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 387 words · no verdicts yet
This section prohibits obtaining or providing labor through force, serious harm, abuse of legal process, or related threats. It also punishes knowing or reckless financial benefit from such a venture.
(a) Anyone who knowingly gets or provides a person's labor or services by force, threats, physical restraint or threats of restraint, serious harm or threats of serious harm, misuse or threatened misuse of law or legal process, or a plan intended to make the person believe that refusal would cause serious harm or restraint, is punished under (d).
(b) Anyone who knowingly gains money or anything valuable from taking part in a venture that uses those methods, while knowing or recklessly ignoring that fact, is punished under (d).
(c) “Abuse or threatened abuse of law or legal process” means using or threatening to use an administrative, civil, or criminal law or legal process for a purpose or in a way the law was not designed for, to pressure someone to act or not act. “Serious harm” means physical or nonphysical harm, including psychological, financial, or reputation harm, serious enough in all the circumstances to make a reasonable person of the same background and circumstances work or keep working to avoid it. This section does not otherwise define those quoted terms.
(d) A violation is punishable by a fine, up to 20 years in prison, or both. If death results, or the offense includes kidnapping, attempted kidnapping, aggravated sexual abuse, or attempted killing, the punishment is a fine, any term of years or life imprisonment, or both.
Whoever knowingly provides or obtains the labor or services of a person by any one of, or by any combination of, the following means—
by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;
by means of serious harm or threats of serious harm to that person or another person;
by means of the abuse or threatened abuse of law or legal process; or
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).
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).
In this section:
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.
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.
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 credit: (Added Pub. L. 106–386, div. A, § 112(a)(2), Oct. 28, 2000, 114 Stat. 1486; amended Pub. L. 110–457, title II, § 222(b)(3), Dec. 23, 2008, 122 Stat. 5068.)
- 2000Enacted · Pub. L. 106-386 · 114 Stat. 1486
- 2008Amended · Pub. L. 110-457 · 122 Stat. 5068
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-386 on 2000-10-28.
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